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This is a Bill, not an Act. For current law, see the Acts databases.


ACTS AMENDMENT (PUBLIC TRUSTEE AND TRUSTEE COMPANIES) BILL 2000

                         Western Australia


Acts Amendment (Public Trustee and Trustee
          Companies) Bill 2000

                            CONTENTS


                    Part 1 -- Preliminary
1.      Short title                                          2
2.      Commencement                                         2
       Part 2 -- Amendments to the Public Trustee
                     Act 1941
       Division 1 -- Public Trustee Act 1941 amended in
                           this Part
3.      The Act amended                                      3
            Division 2 -- Substantive amendments
4.      Long title amended                                   3
5.      Section 1 replaced                                   3
6.      Section 2 amended                                    4
7.      Section 3 amended                                    5
8.      Part I replaced                                      5
9.      Part II heading and Division (1) heading replaced   14
10 .    Heading to Part II Division (2) replaced            14
11 .    Section 9 amended                                   14
12 .    Section 12 amended                                  14
13 .    Section 12A inserted                                15
14 .    Section 14 amended                                  16
15 .    Section 15 repealed                                 16
16 .    Section 18 amended                                  16
17 .    Heading to Part II Division (3) replaced            16
18 .    Section 22A inserted                                17
19 .    Section 23 amended                                  17


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Acts Amendment (Public Trustee and Trustee Companies) Bill 2000



Contents



   20 .      Heading to Part II Division (4) replaced              17
   21 .      Section 33 amended                                    18
   22 .      Heading to Part II Division (5) replaced              18
   23 .      Section 37 amended                                    18
   24 .      Heading to Part II Division (6) replaced              19
   25 .      Part II Division 7 inserted                           19
   26 .      Part III amended                                      22
   27 .      Section 41 amended                                    33
   28 .      Section 42 repealed                                   33
   29 .      Section 43 repealed                                   33
   30 .      Section 44 amended                                    33
   31 .      Section 45 amended                                    33
   32 .      Section 46 repealed                                   34
   33 .      Section 47 amended                                    34
   34 .      Section 48 replaced                                   34
   35 .      Part IV heading replaced                              35
   36 .      Section 49 amended                                    35
   37 .      Section 52 replaced                                   36
   38 .      Section 53 replaced                                   36
   39 .      Section 54 amended                                    38
   40 .      Section 55 amended                                    39
   41 .      Section 56 amended                                    39
   42 .      Section 59 amended                                    39
   43 .      Section 60 amended                                    39
   44 .      Section 62 amended                                    39
   45 .      Section 64 amended                                    40
   46 .      Section 66 inserted                                   40
   47 .      First Schedule repealed                               41
   48 .      Sixth Schedule amended                                41
           Division 3 -- Minor amendments to make gender of
           persons referred to in the Act non-specific and as to
                             corporate name
   49 .      "He" amended to "the PTO"                             42
   50 .      "He" amended to refer to various other persons        42
   51 .      "Him" amended to "the PTO"                            44
   52 .      "Him" amended to refer to various other persons       44
   53 .      "His" amended to "the PTO's"                          45
   54 .      "His" amended to refer to various other persons       45
   55 .      "Public Trustee" amended to "PTO"                     47


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       Acts Amendment (Public Trustee and Trustee Companies) Bill 2000



                                                                    Contents



          Division 4 -- Savings and transitional provisions
56 .       Definitions                                                48
57 .       Interpretation Act 1984 not affected                       49
58 .       The Public Trustee continues as the Public Trust
           Office                                                     49
59 .       Staff                                                      50
60 .       Crediting of certain reserve moneys to Consolidated
           Fund                                                       50
61 .       The Common Fund saved as a common fund                     51
62 .       Power to meet deficiency in the saved Common Fund
           from the Consolidated Fund continues for 5 years in
           respect of existing participants                           51
63 .       Savings of leases under repealed section 40(2a)(b) and
           40A                                                        52
64 .       Interim business plan and interim annual operational
           plan                                                       52
             Part 3 -- Amendments to the Trustee
                     Companies Act 1987
65 .       The Act amended                                            53
66 .       Section 18A inserted                                       53
67 .       Section 30 amended                                         53
68 .       Schedule 2 amended                                         53
           Part 4 -- Consequential amendments to
                     various other Acts
         Division 1 -- Aboriginal Affairs Planning Authority
                             Act 1972
69 .       The Act amended                                            54
70 .       Section 35 amended                                         54
71 .       Section 36 amended                                         54
72 .       Section 37 amended                                         55
                Division 2 -- Administration Act 1903
73 .       The Act amended                                            55
74 .       Section 3 amended                                          55
75 .       Section 17A amended                                        56
76 .       Section 26 amended                                         56



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Acts Amendment (Public Trustee and Trustee Companies) Bill 2000



Contents



   77 .      Section 45 amended                                   56
   78 .      Section 142 amended                                  56
                   Division 3 -- Auction Sales Act 1973
   79 .      Auction Sales Act 1973 amended                       57
                 Division 4 -- Charitable Trusts Act 1962
   80 .      Charitable Trusts Act 1962 amended                   57
           Division 5 -- Constitution Acts Amendment Act 1899
   81 .      Constitution Acts Amendment Act 1899 amended         57
              Division 6 -- Crimes (Confiscation of Profits)
                               Act 1988
   82 .      The Act amended                                      58
   83 .      Heading to Part 4 amended                            58
   84 .      Section 28 amended                                   58
   85 .      "Public Trustee" amended to "Public Trust Office"    59
              Division 7 -- Criminal Injuries Compensation
                               Act 1985
   86 .      Criminal Injuries Compensation Act 1985 amended      60
            Division 8 -- Financial Administration and Audit
                              Act 1985
   87 .      Financial Administration and Audit Act 1985
             amended                                              61
            Division 9 -- Financial Institutions Duty Act 1983
   88 .      Financial Institutions Duty Act 1983 amended         61
            Division 10 -- Guardianship and Administration
                              Act 1990
   89 .      The Act amended                                      62
   90 .      Section 3 amended                                    62
   91 .      Section 41 amended                                   62
   92 .      Section 64 amended                                   62
   93 .      Section 76 amended                                   63
   94 .      Section 80 amended                                   63
   95 .      Section 83B amended                                  63
   96 .      Section 117 amended                                  64
   97 .      Schedule 5 clause 1 amended                          64
   98 .      Schedule 5 clause 2 amended                          66
   99 .      Schedule 5 clause 3 amended                          66


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    Acts Amendment (Public Trustee and Trustee Companies) Bill 2000



                                                              Contents



        Division 11 -- Inheritance (Family and Dependants
                       Provision) Act 1972
100 .    Inheritance (Family and Dependants Provision)
         Act 1972 amended                                       66
           Division 12 -- Land Administration Act 1997
101 .    Land Administration Act 1997 amended                   67
                   Division 13 -- Police Act 1892
102 .    Police Act 1892 amended                                67
        Division 14 -- Public Sector Management Act 1994
103 .    Public Sector Management Act 1994 amended              67
         Division 15 -- Securities Industry (Application of
                     Laws) Act 1981 amended
104 .    Securities Industry (Application of Laws) Act 1981
         amended                                                68
            Division 16 -- Securities Industry Act 1975
105 .    Securities Industry Act 1975 amended                   68
        Division 17 -- Statutory Corporations (Liability of
                      Directors) Act 1996
106 .    Statutory Corporations (Liability of Directors)
         Act 1996 amended                                       68
               Division 18 -- Strata Titles Act 1985
107 .    Strata Titles Act 1985 amended                         69
             Division 19 -- Supreme Court Act 1935
108 .    Supreme Court Act 1935 amended                         69
            Division 20 -- Transfer of Land Act 1893
109 .    Transfer of Land Act 1893 amended                      70
                 Division 21 -- Trustees Act 1962
110 .    The Act amended                                        70
111 .    Section 6 amended                                      70
112 .    Section 13 amended                                     70
113 .    Section 14 amended                                     71
114 .    Section 15 amended                                     71
115 .    Section 51 amended                                     72




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Acts Amendment (Public Trustee and Trustee Companies) Bill 2000



Contents



             Division 22 -- Unclaimed Money Act 1990
   116 .   Unclaimed Money Act 1990 amended                       72




page vi
                           Western Australia


                     LEGISLATIVE ASSEMBLY



  Acts Amendment (Public Trustee and Trustee
            Companies) Bill 2000


                               A Bill for


An Act to amend --
     •      the Public Trustee Act 1941;
     •      the Trustee Companies Act 1987,
and to make consequential amendments to various other Acts.



The Parliament of Western Australia enacts as follows:




                                                              page 1
    Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
    Part 1       Preliminary

    s. 1



                           Part 1 -- Preliminary
    1.       Short title
             This Act may be cited as the Acts Amendment (Public Trustee
             and Trustee Companies) Act 2000.

5   2.       Commencement
             This Act comes into operation on a day fixed by proclamation.




    page 2
             Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                     Amendments to the Public Trustee Act 1941        Part 2
                    Public Trustee Act 1941 amended in this Part Division 1
                                                                         s. 3



         Part 2 -- Amendments to the Public Trustee Act 1941
          Division 1 -- Public Trustee Act 1941 amended in this Part
     3.          The Act amended
                 The amendments in this Part are to the Public Trustee
5                Act 1941*.
                 [* Reprinted as at 8 September 1993.
                    For subsequent amendments see 1999 Index to Legislation of
                    Western Australia, Table 1, pp. 204-05.]

                       Division 2 -- Substantive amendments
10   4.          Long title amended
                 The long title is amended by deleting "appointment of a public
                 trustee, and the powers and duties" and inserting instead --
                   "
                         establishment of the Public Trust Office and the
15                       functions
                                                                                  ".

     5.          Section 1 replaced
                 Section 1 is repealed and the following is inserted instead --
     "
20                             Part 1 -- Preliminary
            1.         Short title
                       This Act may be cited as the Public Trust Office
                       Act 1941.
                                                                                  ".




                                                                           page 3
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 2       Amendments to the Public Trustee Act 1941
     Division 2   Substantive amendments
     s. 6



     6.       Section 2 amended
              Section 2 is amended as follows:
                  (a)    after the definition commencing "administration" the
                         following definition is inserted --
5             "
                        "common fund" means a common fund referred to in
                           section 39D.
                                                                                    ";
                  (b)    after the definition of "estate" the following definition is
10                       inserted --
              "
                        "Executive Director" means the Executive Director
                           provided for by section 3B.
                                                                                 ";
15                (c)    after the definition of "income" the following definition
                         is inserted --
              "
                        "member of staff ", in relation to the Public Trust
                           Office, means the Executive Director or any other
20                         person referred to in Part 3.
                                                                                     ";
                  (d)    the definition of "Public Trustee" is deleted and the
                         following definition is inserted instead --
              "
25                      "PTO" or "Public Trust Office" means the Public
                           Trust Office established by section 3A.
                                                                                     ";
                  (e)    after the definition of "rules" the following definitions
                         are inserted --
30            "
                        "Treasurer" means Treasurer of the State.
                        "Treasurer's guidelines" means guidelines issued by
                           the Treasurer under section 48A(2).
                                                                                     ".


     page 4
           Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                   Amendments to the Public Trustee Act 1941        Part 2
                                    Substantive amendments     Division 2
                                                                       s. 7



     7.     Section 3 amended
            Section 3(2) is repealed.

     8.     Part I replaced
            Part I is repealed and the following Parts are inserted instead --
5    "
                   Part 2 -- The Public Trust Office
          3A.     Public Trust Office established
            (1)   A body called the Public Trust Office is established.
            (2)   The PTO is a body corporate with perpetual
10                succession.
            (3)   Proceedings may be taken by or against the PTO in its
                  corporate name.
            (4)   The PTO may use one or more of the following
                  operating names --
15                  (a) Public Trust Office;
                   (b) Public Trustee;
                    (c) any name approved by the Minister.
            (5)   The PTO is an agent of the Crown in right of the State
                  and, except as provided in subsection (6), enjoys the
20                status, immunities and privileges of the Crown.
            (6)   Nothing in this Act shall be read as conferring on the
                  PTO in the performance of its functions or provision of
                  services any immunity from the operation of any
                  written law.

25        3B.     Executive Director
            (1)   There shall be an office of Executive Director, Public
                  Trust Office.


                                                                          page 5
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 2       Amendments to the Public Trustee Act 1941
     Division 2   Substantive amendments
     s. 8



              (2)   A chief executive officer of the Public Trust Office
                    shall be appointed under Part 3 of the Public Sector
                    Management Act 1994 and that person shall hold the
                    office of Executive Director.
5             (3)   The Executive Director, in the name of the PTO,
                    shall --
                      (a) perform the functions of the PTO under this
                           Act or any other written law; and
                      (b) determine the policies and control the affairs of
10                         the PTO.
              (4)   The Executive Director is responsible for, and has the
                    powers needed to administer, the day to day operations
                    of the PTO.

          3C.       Delegation
15            (1)   The PTO may, by instrument in writing, delegate the
                    performance of any of its functions, except this power
                    of delegation.
              (2)   A delegation under subsection (1) may be made --
                     (a)    to a member of the PTO's staff; or
20                   (b)    with the approval of the Minister, to any other
                            person.
              (3)   A function performed by a delegate shall be taken to be
                    performed by the PTO.
              (4)   A delegate performing a function under this section
25                  shall be taken to do so in accordance with the terms of
                    the delegation unless the contrary is shown.
              (5)   Nothing in this section shall be read as limiting the
                    ability of the PTO to act through its staff and agents in
                    the normal course of business.



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      Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
              Amendments to the Public Trustee Act 1941        Part 2
                               Substantive amendments     Division 2
                                                                  s. 8



     4.         Ministerial control
          (1)   The Minister is the responsible authority of the PTO
                for the purposes of the Public Sector Management
                Act 1994.
5         (2)   The Minister may give written directions to the PTO
                with respect to the performance of its functions, either
                generally or in relation to a particular matter, and the
                PTO shall give effect to any such direction when it
                becomes effective under section 4A.
10        (3)   The Minister shall cause the text of any direction under
                subsection (2) to be laid before each House of
                Parliament or dealt with under section 53A --
                  (a) within 14 days after the direction is given; or
                  (b) if the direction is the subject of a notice under
15                     section 17 of the Statutory Corporations
                       (Liability of Directors) Act 1996, within
                       14 days after it is confirmed under that section.
          (4)   The text of a direction under subsection (2) shall be
                included in the annual report submitted by the
20              accountable authority of the PTO under section 66 of
                the Financial Administration and Audit Act 1985.

     4A.        When directions take effect
          (1)   Subject to this section, a direction under section 4(2)
                becomes effective on the expiry of 7 days after the
25              PTO receives it or of such longer period as the Minister
                may, at the request of the PTO, determine.
          (2)   If the PTO asks the Minister to extend the 7 day period
                under subsection (1), the Minister shall decide whether
                or not to agree to the request and notify the PTO of that
30              decision before the 7 day period has expired.



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     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 2       Amendments to the Public Trustee Act 1941
     Division 2   Substantive amendments
     s. 8



              (3)   If a direction is the subject of a notice under section 17
                    of the Statutory Corporations (Liability of Directors)
                    Act 1996, it does not become effective before it is
                    confirmed under that section or the expiry of any
5                   extension of time notified under subsection (4).
              (4)   Despite subsection (4) of section 17 of the Statutory
                    Corporations (Liability of Directors) Act 1996, the
                    Minister may, when confirming a direction under that
                    section, extend the time for the direction to become
10                  effective and notify the PTO of the extension.

          4B.       Minister to have access to information
              (1)   The Minister is entitled --
                      (a)   to have information in the possession of the
                            PTO; and
15                   (b)    where the information is in or on a document,
                            to have, and make and retain copies of, that
                            document.
              (2)   For the purposes of subsection (1) the Minister may --
                     (a) request the PTO to furnish information to the
20                          Minister;
                     (b) request the PTO to give the Minister access to
                            information;
                     (c) for the purposes of paragraph (b) make use of
                            the PTO's members of staff to obtain the
25                          information and furnish it to the Minister.
              (3)   The PTO shall comply with a request under
                    subsection (2) and make its members of staff and
                    facilities available to the Minister for the purposes of
                    subsection (2)(c).




     page 8
      Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
              Amendments to the Public Trustee Act 1941        Part 2
                               Substantive amendments     Division 2
                                                                  s. 8



          (4)   The Minister is not entitled to have information under
                this section in a form that --
                  (a) discloses the identity of a person for whom the
                        PTO is providing a service; or
5                 (b) might enable the identity of any such person to
                        be ascertained,
                unless that person has consented to the Minister's
                having the information.
          (5)   In this section --
10              "document" includes any tape, disc or other device or
                    medium on which information is recorded or
                    stored;
                "information" means information specified, or of a
                    description specified, by the Minister that relates
15                  to the functions of the PTO.

     5.         Administration and planning

          (1)   The Minister and the PTO are to enter into a written
                agreement in relation to the matters set out in
                subsections (2) and (3) for each 12 month period (an
20              "agreement").
          (2)   An agreement may provide for any of the following --
                 (a) the funding of the PTO's operations;
                 (b) matters relating to keeping the Minister
                       reasonably informed of the operations, financial
25                     performance and financial position of the PTO,
                       including the assets and liabilities, surpluses,
                       deficits and prospects of the PTO;
                 (c) matters relating to the Executive Director
                       notifying the Minister if the Executive Director
30                     forms the opinion that the PTO is unable, or
                       likely to be unable, to satisfy any financial

                                                                     page 9
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 2       Amendments to the Public Trustee Act 1941
     Division 2   Substantive amendments
     s. 8



                            obligation of the PTO from the financial
                            resources available or likely to be available to
                            the PTO at the time the financial obligation is
                            due;
5                     (d)   if the chief executive officer of the department
                            referred to in subsection (6) has been delegated
                            the power to enter into the agreement,
                            arrangements under section 6A(1) as to the use
                            of the services of officers or employees of the
10                          department;
                      (e)   such other matters as are agreed between the
                            Minister and the PTO.
               (3)   An agreement shall provide for --
                      (a) the Executive Director to submit, for the
15                          Minister's approval, in respect of each financial
                            year a draft business plan to cover a forecast
                            period of not more than 5 years setting out --
                               (i) the PTO's medium to long term
                                    economic and financial objectives;
20                            (ii) the PTO's medium to long term
                                    objectives in relation to the functions it
                                    has to perform that are not in its
                                    commercial interests to perform
                                    ("non-commercial functions");
25                           (iii) operational targets; and
                             (iv) how those objectives and targets will be
                                    achieved;
                      (b) the Executive Director to submit, for the
                            Minister's approval, in respect of each financial
30                          year a draft annual operational plan to cover the
                            financial year setting out --
                               (i) an outline of the PTO's objectives;



     page 10
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
             Amendments to the Public Trustee Act 1941        Part 2
                              Substantive amendments     Division 2
                                                                 s. 8



                     (ii)   business and service performance
                            targets and other measures by which to
                            judge performance in relation to
                            objectives for the financial year;
5                     (iii) allocation of resources;
                      (iv) an outline of the nature and scope of the
                            functions to be performed during the
                            financial year;
                       (v) an estimate of income and expenditure
10                          and source of funding during the
                            financial year;
                      (vi) the non-commercial functions to be
                            performed in the financial year;
                     (vii) the costings of, funding for, or other
15                          arrangements to make adjustments
                            relating to, those non-commercial
                            functions; and
                    (viii) the ways in which, and the extent to
                            which, compensation will be made for
20                          performing those non-commercial
                            functions;
              (c)    the matters that are to be considered by the
                     Executive Director in the preparation of a
                     business plan or an annual operational plan;
25            (d)    the manner and form in which the Executive
                     Director shall prepare, submit, revise or modify
                     a business plan or an annual operational plan;
              (e)    the functions of the Executive Director and the
                     Minister in relation to the development,
30                   approval or modification of a business plan or
                     an annual operational plan; and
              (f)    the operation of a business plan or an annual
                     operational plan.


                                                                page 11
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 2       Amendments to the Public Trustee Act 1941
     Division 2   Substantive amendments
     s. 8



                (4)   A provision in, or condition of, an agreement that
                      purports to exclude the operation of section 8(2) of the
                      Public Sector Management Act 1994 has no effect, but
                      without prejudice to other provisions or conditions of
5                     the agreement.
                (5)   The Minister shall cause --
                       (a) within 14 days after an agreement is made the
                            text of the agreement to be laid before each
                            House of Parliament or dealt with under
10                          section 53A; and
                       (b) the text of a business plan or an annual
                            operational plan in relation to the PTO that has
                            been approved by the Minister to be laid before
                            each House of Parliament within 14 days after
15                          the plan is approved by the Minister or dealt
                            with under section 53A.
                (6)   The Minister may delegate the Minister's power under
                      subsection (1) to enter into an agreement to the chief
                      executive officer of the department of the Public Service
20                    principally assisting the Minister in the administration of
                      the Court Security and Custodial Services Act 1999.
                (7)   The first agreement shall be effective on and from the
                      day on which the Acts Amendment (Public Trustee and
                      Trustee Companies) Act 2000 comes into operation.
25              (8)   If an agreement (other than the first agreement) has not
                      been made in respect of a 12 month period then on the
                      commencement of that period the provisions of the
                      agreement for the previous 12 month period apply, to
                      the extent that the provisions are relevant, until an
30                    agreement is made for the first-mentioned period.
                (9)   Nothing in this section or an agreement affects any
                      power of the Minister to give directions to the PTO.
               (10)   An agreement is not legally enforceable.


     page 12
      Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
              Amendments to the Public Trustee Act 1941        Part 2
                               Substantive amendments     Division 2
                                                                  s. 8



                             Part 3 -- Staff
     6.         Staff
          (1)   The power to engage and manage the staff of the PTO
                is vested in the Executive Director.
5         (2)   The power conferred by subsection (1) does not
                preclude the delegation of any matter under section 3C.
          (3)   The remuneration of and other terms and conditions of
                employment of staff are not to be less favourable than
                is provided for in --
10                 (a) an applicable industrial award, order or
                        agreement; or
                  (b) the Minimum Conditions of Employment
                        Act 1993.
          (4)   Nothing in this section affects the operation of the
15              Workplace Agreements Act 1993 or section 100 of the
                Public Sector Management Act 1994.
          (5)   Nothing in this Act or in an agreement, a business plan
                or an annual operational plan under section 5 affects
                the PTO's obligations to comply with whole of
20              government policies relating to industrial relations and
                human resource management that apply generally to
                public sector bodies within the meaning of the Public
                Sector Management Act 1994.

     6A.        Use of other government staff, etc.
25        (1)   The PTO may by arrangement with the relevant
                employer make use, either full-time or part-time, of the
                services of any officer or employee --
                  (a) in the Public Service;
                  (b) in a State agency or instrumentality; or
30                (c) otherwise in the service of the Crown in right of
                        the State.

                                                                    page 13
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 2       Amendments to the Public Trustee Act 1941
     Division 2   Substantive amendments
     s. 9



               (2)     The PTO may by arrangement with --
                        (a) a department of the Public Service; or
                        (b) a State agency or instrumentality,
                       make use of any facilities of the department, agency or
5                      instrumentality.
               (3)     An arrangement under subsection (1) or (2) shall be
                       made on such terms as are agreed to by the parties.
                                                                                 ".

     9.        Part II heading and Division (1) heading replaced
10             The headings to Part II and Division (1) of Part II are deleted
               and the following headings are inserted instead --
     "
                Part 4 -- Functions of Public Trust Office
                                 Division 1 -- General
15                                                                               ".

     10.       Heading to Part II Division (2) replaced
               The heading to Part II Division (2) is deleted and the following
               heading is inserted instead --
     "
20                   Division 2 -- Public Trust Office as executor
                                  or administrator
                                                                                 ".

     11.       Section 9 amended
               The second sentence of section 9 is deleted.

25   12.       Section 12 amended
               Section 12(8) is amended by deleting ", idiot, or lunatic,".


     page 14
            Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                    Amendments to the Public Trustee Act 1941        Part 2
                                     Substantive amendments     Division 2
                                                                       s. 13



     13.     Section 12A inserted
             After section 12 the following section is inserted --
     "
           12A.    PTO's powers on appointment as agent of executor,
5                  administrator, etc.
                   In addition to the PTO's powers under section 12, if --
                     (a) a person who is an executor or administrator
                           appoints the PTO as the person's agent to act as
                           executor or administrator in the place of the
10                         person;
                     (b) a person who may be entitled to apply for a
                           grant of probate appoints the PTO as the
                           person's agent to apply for a grant of probate;
                     (c) a person who may be entitled to obtain
15                         administration (with the will of a testator
                           annexed) of the testator's estate appoints the
                           PTO as the person's agent to apply for an order
                           to administer the estate; or
                     (d) a person who is referred to in section 25 of the
20                         Administration Act 1903 as a person who may
                           be granted administration of an estate of a
                           person dying intestate appoints the PTO as the
                           person's agent to apply for an order to
                           administer the estate,
25                 the PTO, if so appointed by power of attorney or other
                   instrument of appointment, may act within the scope of
                   the authority conferred on the PTO as effectually as the
                   person could have acted and may exercise all
                   discretionary and other powers delegated by the
30                 principal as fully as the principal could have exercised
                   them.
                                                                              ".



                                                                      page 15
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 2       Amendments to the Public Trustee Act 1941
     Division 2   Substantive amendments
     s. 14



     14.             Section 14 amended
           (1)       Section 14(1) is amended by deleting "$10 000" and inserting
                     instead --
                     " the prescribed amount      ".
5          (2)       Section 14(4) is amended by deleting "the sum of $10 000" and
                     inserting instead --
                     " the prescribed amount      ".
           (3)       Section 14(4) is amended by deleting "under his hand".
           (4)       Section 14(5) is amended by deleting "under his hand".
10         (5)       After section 14(5) the following subsection is inserted --
                 "
                     (6)     In this section --
                             "prescribed amount" means the amount prescribed
                                  for the purposes of section 10 of the Trustee
15                                Companies Act 1987 for the relevant time.
                                                                                    ".

     15.             Section 15 repealed
                     Section 15 is repealed.

     16.             Section 18 amended
20                   Section 18 is amended by deleting "Public Trustee is under
                     $1 000, he" and inserting instead --
                     "     PTO is under $5 000, the PTO ".

     17.             Heading to Part II Division (3) replaced
                     The heading to Part II Division (3) is deleted and the following
25                   heading is inserted instead --
                     "     Division 3 -- Public Trust Office as trustee ".


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                                                                            s. 18



     18.             Section 22A inserted
                     After section 22 the following section is inserted --
     "
             22A.            PTO's powers on appointment as trustee's agent
5                            If a person who is a trustee appoints the PTO as the
                             person's agent to act as trustee in the place of the person
                             the PTO, if so appointed by power of attorney or other
                             instrument of appointment, may act within the scope of
                             the authority conferred on the PTO as effectually as the
10                           person could have acted and may exercise all
                             discretionary and other powers delegated by the principal
                             as fully as the principal could have exercised them.
                                                                                           ".

     19.             Section 23 amended
15         (1)       Section 23(1) is amended by deleting "himself " and inserting
                     instead --
                     "     itself   ".
           (2)       Section 23(2) is repealed and the following subsection is
                     inserted instead --
20               "
                     (2)     In particular, but without limiting the generality of
                             subsection (1), where the PTO holds moneys belonging
                             to more than one estate, as trustee for the investment of
                             those moneys, sections 39F, 39G, 39H and 39I apply in
25                           relation to the investment of those moneys as if the
                             moneys were standing to the credit of a common fund.
                                                                                           ".

     20.             Heading to Part II Division (4) replaced
                     The heading to Part II Division (4) is deleted and the following
30                   heading is inserted instead --
                     "     Division 4 -- Estates of represented persons ".


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     s. 21



     21.         Section 33 amended
                 Section 33 is amended by deleting ", as unclaimed moneys, to
                 be dealt with in accordance with the provisions of the
                 Unclaimed Moneys Act 1912" and inserting instead --
5                "   and dealt with under the Unclaimed Money Act 1990 ".

     22.         Heading to Part II Division (5) replaced
                 The heading to Part II Division (5) is deleted and the following
                 heading is inserted instead --
     "
10               Division 5 -- Functions of Public Trust Office as to
                      moneys subject to court and other orders
                                                                                  ".

     23.         Section 37 amended
           (1)   Section 37(3)(a) is deleted and the following paragraph is
15               inserted instead --
                      "
                          (a)   All moneys ordered under the Workers'
                                Compensation and Rehabilitation Act 1981 to
                                be invested by the PTO, shall be paid to the
20                              PTO, and the receipt by the PTO, or of any one
                                authorised by it, of those moneys is a complete
                                discharge to all persons concerned.
                                                                                  ".
           (2)   Section 37(4) is amended by deleting "hand and seal of the
25               Public Trustee" and inserting instead --
                 "   seal of the PTO    ".




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                                                                       s. 24



     24.     Heading to Part II Division (6) replaced
             The heading to Part II Division (6) is deleted and the following
             heading is inserted instead --
     "
5            Division 6 -- Functions of Public Trust Office as to
                           uncared for property
                                                                            ".

     25.     Part II Division 7 inserted
             After section 37A the following Division is inserted in Part II --
10   "
                        Division 7 -- Approved services
           37B.    Definitions
                   In this Division --
                   "approved service" means a service that has been
15                      approved under section 37C;
                   "client" means --
                        (a) a beneficiary of the estate of a deceased
                              person which is administered by the PTO;
                        (b) the donor of a power of attorney under which
20                            the PTO is the donee;
                        (c) a person who appoints the PTO to be the
                              executor of the person's will;
                        (d) a person on whose behalf moneys are
                              invested in a common fund;
25                      (e) a beneficiary of a trust administered by the
                              PTO;
                         (f) a person who has appointed the PTO to act
                              as the person's agent; or
                        (g) a member of a prescribed class of persons;


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                     "investment management services" includes any of
                         the following --
                         (a) assisting clients to ascertain their investment
                               objectives, financial situations, risk profiles
5                              and particular investment needs;
                         (b) setting investment policies and objectives for
                               clients;
                         (c) holding money for investment on behalf of
                               clients;
10                       (d) engaging and retaining suitably qualified
                               financial planners or investment managers
                               for clients;
                         (e) subscribing to, buying or selling securities
                               and other investments, or accepting new
15                             issue entitlements, on behalf of clients;
                          (f) collecting interest, dividends and other
                               income on behalf of clients;
                         (g) reviewing clients' investment portfolios from
                               time to time;
20                       (h) providing accounting information to clients on
                               a regular basis in relation to their investments.

          37C.       Approval of services that PTO may provide to
                     clients
               (1)   The Minister, with the Treasurer's concurrence, may
25                   approve one or more of the following services for
                     provision by the PTO to clients --
                       (a) conveyancing and property settlement services;
                       (b) financial planning services;
                       (c) taxation services including the preparation and
30                           lodging of returns for the purpose of, or in
                             connection with, assessments of any duties or
                             taxes;

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               (d)   investment management services in relation to
                     investments other than those in a common fund.
       (2)   Before granting an approval the Minister may require
             the PTO to provide such information, business plans,
5            budgets, forecasts and other details as the Minister or
             the Treasurer considers necessary to enable a full
             assessment of the proposed service to be undertaken.
       (3)   An approval may be of general application or specific
             to a particular class or classes of service or client.
10     (4)   In granting an approval the Minister may attach such
             conditions to the approval as the Minister sees fit.
       (5)   If the Minister grants an approval the Minister shall
             within 14 days after the approval is granted cause a
             report setting out the approved service to be laid before
15           each House of Parliament or dealt with under
             section 53A.
       (6)   An approval cannot be granted in respect of the
             provision to a client of a service referred to in
             subsection (1) if a fee for the provision of the service to
20           the client is set out in the current scale of fees
             determined under section 39A.

     37D.    Provision of approved services to clients
       (1)   The Public Trustee may provide to a client an approved
             service and shall ensure that the provision of an
25           approved service is in accordance with the conditions,
             if any, attached by the Minister.
       (2)   An approval given under section 37C is sufficient
             authority for the doing of such things as are necessary
             for the provision of the approved service to a client.




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                 (3)     The PTO is entitled to charge and receive fees and
                         remuneration and recover disbursements for the
                         provision of approved services to clients.
                 (4)     The PTO may continue to provide an approved service
5                        to a person who was a client even though the person is
                         no longer a client.
                 (5)     Nothing in this Division shall be read as limiting any
                         power that the PTO otherwise has, whether under this
                         Act or any other written law, a court order or an
10                       authorisation in an instrument, to invest property other
                         than by way of investment in a common fund.
                                                                                    ".
     26.         Part III amended
                 The heading to Part III is deleted and sections 38, 39, 40 and
15               40A are repealed and the following is inserted instead --
     "
                            Part 5 -- Financial provisions
                       Division 1 -- Financial provisions relating to
                          administration of Public Trust Office
20         38.           Funds of PTO
                         The funds available for the purpose of enabling the
                         PTO to perform its functions consist of --
                          (a) moneys from time to time appropriated by
                                Parliament;
25                        (b) moneys received by the PTO in the
                                performance of its functions;
                          (c) income derived from the investment of moneys
                                forming part of the Account referred to in
                                section 38A; and
30                        (d) other moneys lawfully received by, made
                                available to, or payable to, the PTO.

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                                                                 s. 26



     38A.    Public Trust Office Account
       (1)   The funds referred to in section 38 are to be credited to
             an account to be called the "Public Trust Office
             Account" --
5              (a) at the Treasury; or
               (b) with the approval of the Treasurer, at a bank,
             and if paragraph (a) applies that Account shall form
             part of the Trust Fund constituted under section 9 of
             the Financial Administration and Audit Act 1985.
10     (2)   The Account shall be charged with --
              (a) the salaries and allowances payable to the staff
                   engaged under section 6; and
              (b) all other expenditure lawfully incurred by the
                   PTO in the performance of its functions.

15   38B.    Investment
             Unless section 38A(1)(a) applies, any funds of the PTO
             that are not immediately required for the purposes of
             performing the functions of the PTO may, if approved
             by the Treasurer, be invested in any manner that
20           moneys in the Public Bank Account may be invested
             under the Financial Administration and Audit
             Act 1985.

     38C.    Application of Financial Administration and Audit
             Act 1985
25           The provisions of the Financial Administration and
             Audit Act 1985 regulating the financial administration,
             audit and reporting of statutory authorities apply to and
             in respect of the PTO and the PTO's operations.




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           Division 2 -- Financial provisions relating to functions
                           of Public Trust Office
          39.         Definition
                      In this Division --
5                     "fees" includes commissions and other charges.

          39A.        Scale of fees
                (1)   The PTO shall from time to time determine a scale of
                      fees, not exceeding any limit set by the Minister, for a
                      function performed, or a service provided, by the PTO
10                    under this Act or any other written law except --
                        (a) an approved service as defined in section 37B;
                              or
                        (b) the preparation of a will or an enduring power
                              of attorney.
15              (2)   A scale of fees has no effect unless it is published in
                      the Gazette.
                (3)   The PTO shall ensure that the first scale of fees is
                      effective on and from the day on which the Acts
                      Amendment (Public Trustee and Trustee Companies)
20                    Act 2000 comes into operation.
                (4)   A scale of fees may provide for any of the following --
                        (a)   different rates of fees that may be charged in
                              respect of different classes of estate and the
                              time and manner of charging such fees;
25                     (b)    the charging of fees in respect of capital or
                              income;
                        (c)   a rate of fee for the PTO's services in relation
                              to the management of an investment in a
                              common fund that has been determined by the
30                            PTO having regard to the percentage charged

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                     by similar bodies as management fees for
                     similar investments in similar funds;
               (d)   the time and manner in which fees may be paid
                     or deducted out of an estate.

5    39B.    PTO's entitlements to fees and disbursements
       (1)   The PTO is entitled to charge a fee as remuneration for
             performing a function or providing a service under this
             Act or any other written law.
       (2)   The fee charged for the performance of a function or
10           the provision of a service shall not exceed the fee in
             respect of the function or service that is set out in the
             scale of fees determined under section 39A and having
             effect at the time the function is performed or the
             service is provided.
15     (3)   This section does not apply to the remuneration of the
             PTO for providing --
              (a) an approved service as defined in section 37B;
                     or
              (b) the preparation of a will or an enduring power
20                   of attorney.
       (4)   Nothing in this Division prevents, limits or affects --
              (a) the payment of any fees that a testator in his or
                    her will has directed to be paid; or
              (b) the payment of any fees that have been agreed
25                  on between the PTO and the interested parties,
             either in addition to or instead of the fees provided for
             by this Division.
       (5)   Nothing in this Division prevents, limits or affects the
             reimbursement to the PTO of all disbursements
30           properly made by the PTO in the performance of a
             function or the provision of a service.

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          39C.       Payment of fees from estates
                     A fee which the PTO is entitled to receive in respect of
                     an estate --
                       (a) is payable out of the capital or income of the
5                            estate, as determined by the PTO; and
                       (b) shall be paid or deducted out of the estate at the
                             time and in the manner provided for in the scale
                             of fees determined under section 39A and
                             having effect at the time the relevant function is
10                           performed or the relevant service is provided.

          39D.       Establishment of common funds
               (1)   The PTO may establish and keep separately one or
                     more accounts to be called a "common fund".
               (2)   Each common fund --
15                    (a) forms part of the Trust Fund constituted under
                            section 9 of the Financial Administration and
                            Audit Act 1985; and
                      (b) shall have a distinguishing name or number.

          39E.       Power to invest moneys in common funds
20             (1)   The PTO may invest in a common fund moneys held
                     by the PTO in the course of administering, holding,
                     managing or controlling an estate in any capacity
                     whatsoever and properly available for investment.
               (2)   Nothing in subsection (1) authorises the investment in
25                   a common fund of moneys if investment of the moneys
                     in a common fund is contrary to the terms or conditions
                     of the instrument of appointment, the instrument
                     creating the trust or any other instrument or order
                     affecting the holding of the moneys by the PTO.



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     39F.    Power to invest, and restrictions on investment of,
             common fund moneys
       (1)   The PTO may invest the moneys standing to the credit
             of a common fund but only --
5              (a) as trust funds may be invested under Part III of
                    the Trustees Act 1962; and
               (b) in a form of investment that is, or is of a kind
                    that is, approved by the Treasurer.
       (2)   If the PTO invests moneys standing to the credit of a
10           common fund in a form of investment referred to in
             subsection (1)(b), the PTO shall ensure that the
             investment of those moneys is entered into in
             accordance with --
               (a) any relevant Treasurer's guidelines; and
15             (b) the broad investment strategy referred to in
                     section 39J.

     39G.    How common fund moneys are to be invested,
             distributed etc.
       (1)   Investments made from moneys standing to the credit
20           of a common fund shall not be made in the name or on
             account of, and shall not belong to, any particular
             estate but are to be held by the PTO proportionately
             having regard to the proportion which the amount
             invested in relation to each estate bears to the total
25           amount invested in the fund in relation to all
             participating estates.
       (2)   At least once every 3 months, the PTO shall distribute
             to the separate account of each estate participating in a
             common fund, in accordance with its proportional
30           interests determined under subsection (1), the amount
             of any increase or decrease in the value of the



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                     investments held by the fund as determined either by
                     independent valuation or estimated by the PTO.
               (3)   The PTO shall deal with income earned by the PTO in
                     respect of the investment of a common fund in the
5                    same manner as an investment in the fund is dealt with
                     and the PTO shall ensure that appropriate records are
                     made in the register of investments and the separate
                     account maintained under section 39I(1) for each
                     participating estate.
10             (4)   The entitlement of each participating estate to income
                     earned by the PTO in respect of the investment of a
                     common fund shall be calculated on a daily basis from
                     the date of participation to the date of withdrawal.
               (5)   The PTO may at any time withdraw from a common
15                   fund any amount standing to the credit of an estate in
                     that fund and shall debit the separate account
                     maintained by the PTO under section 39I accordingly.
               (6)   The amount standing to the credit of an estate in a
                     common fund shall be determined for the purposes of
20                   withdrawal having regard to distributions made under
                     subsection (2) and to that estate's entitlement to
                     income calculated on a daily basis.

          39H.       Derivative powers in relation to common funds
               (1)   In this section --
25                   "derivative powers" means the powers conferred by
                         subsection (2).
               (2)   Subject to subsections (3) and (4) and with the
                     approval of the Treasurer, the PTO may, in the
                     administration of a common fund, enter into an
30                   agreement or arrangement to effect any of the
                     following transactions --
                       (a) a forward interest rate agreement;

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              (b)   an interest rate swap;
              (c)   a forward interest rate swap;
              (d)   an interest rate cap, an interest rate collar or an
                    interest rate floor;
5             (e)   an option for interest rate management purposes;
              (f)   any transaction which is a combination of 2 or
                    more transactions permitted under this
                    subsection.
      (3)   The PTO may only exercise the derivative powers
10          either in accordance with section 39F or --
              (a) for the purpose of hedging or managing
                     exposure arising out of the risk of adverse
                     variations --
                        (i) in the costs of the borrowing or raising
15                           of money by the PTO; or
                       (ii) in the revenue obtainable by the PTO
                             from investments made or financial
                             accommodation provided by the PTO,
                     and not for any speculative purpose; and
20            (b) if the powers are exercised under paragraph (a),
                     in compliance with --
                        (i) the equitable and other duties of the
                             PTO as a trustee under the law of
                             Western Australia; and
25                     (ii) a credit policy formulated and, if
                             applicable, varied by the PTO under
                             subsection (4).
      (4)   The PTO --
             (a) shall formulate a prudent credit policy setting
30                out the manner in which, and the controls
                  subject to which, the derivative powers will be
                  exercised and comply with that credit policy;

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                      (b)   shall ensure that the exercise of the derivative
                            powers, and the compliance by the PTO with
                            the credit policy formulated under this
                            subsection, are monitored on a daily basis;
5                     (c)   may from time to time vary a credit policy
                            formulated under this subsection; and
                      (d)   shall ensure that a credit policy formulated or
                            varied under this subsection is not inconsistent
                            with any relevant Treasurer's guidelines
10                          referred to in section 39F(2).

          39I.       Records as to common funds
               (1)   The PTO shall keep a separate account for each estate
                     participating in a common fund, containing a record of
                     the amount and date of each investment made in the
15                   fund in relation to the estate and the current value of
                     the interest of the estate calculated in accordance with
                     section 39G(2).
               (2)   The PTO shall maintain a register of investments in
                     respect of each common fund and record in that
20                   register --
                       (a) a description sufficient to identify every
                             investment made by the fund and details of
                             moneys held to the credit of the fund; and
                       (b) the value, determined either by independent
25                           valuation or estimated by the PTO at least once
                             in every 3 months, of every investment held by
                             the fund.

          39J.       Investment strategy for common funds
               (1)   The PTO shall formulate and give effect to a broad
30                   investment strategy for the investment of a common
                     fund.


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           (2)   In formulating its investment strategy and in making
                 investment decisions the PTO shall endeavour to
                 optimise returns having regard to the matters referred
                 to in section 20(1) of the Trustees Act 1962.
5          (3)   The PTO shall review --
                   (a) its broad investment strategy; and
                   (b) the management and performance of its
                        investments,
                 from time to time in accordance with any relevant
10               Treasurer's guidelines.
           (4)   The PTO shall provide to the Treasurer a copy of each
                 review referred to in subsection (3).
     39K.        Power to enter into portfolio management contracts
                 as to common fund investments
15         (1)   The PTO may enter into any contract or arrangement
                 with any person approved by the Treasurer for the
                 management by that person of a class or classes of
                 investment forming part of a common fund.
           (2)   The terms and duration of a proposed contract or
20               arrangement under subsection (1) shall be approved by
                 the Treasurer before the contract or arrangement is
                 entered into.
           (3)   Subject to any relevant Treasurer's guidelines and in
                 accordance with section 3C, the PTO may delegate to a
25               person referred to in subsection (1) all or any of the
                 PTO's functions under section 39F with respect to all
                 or part of a common fund.
     40.         Power to lease or sell purchased land
           (1)   In this section --
30               "purchased land" means the land described in the
                      Sixth Schedule that was purchased by the Public
                      Trustee pursuant to repealed section 40(2a);

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                     "repealed section 40(2a)" means section 40(2a) of this
                         Act immediately before the commencement of the
                         Acts Amendment (Public Trustee and Trustee
                         Companies) Act 2000;
5                    "saved Common Fund" means the common fund
                         referred to in section 61 of the Acts Amendment
                         (Public Trustee and Trustee Companies) Act 2000;
                     "unused portion" means so much of the purchased land
                         as, on the day that the Public Trustee Amendment
10                       Act 1982 came into operation, was not used for the
                         purposes referred to in repealed section 40(2a).
               (2)   The PTO may lease --
                      (a) portions of the building referred to in repealed
                           section 40(2a); or
15                    (b) the unused portion,
                     to any person approved of by the Minister on such
                     terms and conditions as the Minister approves.
               (3)   The PTO, with the approval of the Minister and the
                     Treasurer, may sell the purchased land or portions of
20                   the purchased land at such price, at such time and on
                     such terms and conditions as the PTO considers to be
                     prudent.
               (4)   The proceeds of the sale of the purchased land are to be
                     credited to the saved Common Fund.
25             (5)   If the proceeds of the sale of the purchased land are less
                     than the book value of the purchased land set out in the
                     PTO's accounts then the extent of the loss shall be
                     credited to the saved Common Fund from the amount of
                     reserve moneys agreed under section 60(1)(a) of the Acts
30                   Amendment (Public Trustee and Trustee Companies)
                     Act 2000 or determined under section 60(2) of that Act.
                                                                                  ".


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                                                                            s. 27



     27.          Section 41 amended
           (1)    Section 41(1) is amended by deleting "the Common Fund" in
                  both places where it occurs and inserting instead --
                  "   a common fund      ".
5          (2)    Section 41(2) is amended by inserting after "at such" --
                  "   commercial    ".

     28.          Section 42 repealed
                  Section 42 is repealed.

     29.          Section 43 repealed
10                Section 43 is repealed.

     30.          Section 44 amended
           (1)    Section 44(1) is amended by deleting "the Common Fund" and
                  inserting instead --
                  "   a common fund      ".
15         (2)    Section 44(5) is amended by deleting "Common Fund" and
                  inserting instead --
                  "   common fund from which the moneys were advanced          ".
           (3)    Section 44(6) is amended by deleting "hand and seal of the
                  Public Trustee" and inserting instead --
20                "   seal of the PTO    ".

     31.          Section 45 amended
                  Section 45(2) is amended by deleting "Treasury" and inserting
                  instead --
                  "   Consolidated Fund       ".



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     32.         Section 46 repealed
                 Section 46 is repealed.

     33.         Section 47 amended
                 Section 47(1) is amended by deleting "The Public Trustee" and
5                inserting instead --
                 "
                       In addition to the requirements of section 39I(1), the
                       PTO
                                                                              ".

10   34.         Section 48 replaced
                 Section 48 is repealed and the following sections are inserted
                 instead --
     "
           48.         Fees for preparation of wills and enduring powers
15                     of attorney
                 (1)   Despite anything to the contrary in the Legal
                       Practitioners Act 1893, the PTO may charge a fee and
                       recover disbursements for the preparation of a will or
                       an enduring power of attorney.
20               (2)   Subsection (1) applies only if the will or enduring
                       power of attorney is prepared under the direction and
                       control of a certificated practitioner within the meaning
                       of the Legal Practitioners Act 1893.
           48A.        Treasurer's approvals and guidelines
25               (1)   The following shall be in writing but may otherwise be
                       given when and how the Treasurer determines --
                         (a) an approval given by the Treasurer under
                               section 38A(1)(b), 38B, 39F(1), 39H(2) or
                               39K(1) or (2);
30                       (b) the concurrence of the Treasurer under
                               section 37C(1).

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                 Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                         Amendments to the Public Trustee Act 1941        Part 2
                                          Substantive amendments     Division 2
                                                                            s. 35



                  (2)    The Treasurer may issue written guidelines to be
                         followed by the PTO for the purposes of
                         section 39F(2), 39J(3) or 39K(3) and may, in writing,
                         amend or revoke those guidelines.
5                 (3)    Guidelines issued under subsection (2) are not
                         subsidiary legislation for the purposes of the
                         Interpretation Act 1984.
                  (4)    If there is any inconsistency between guidelines issued
                         under subsection (2) and a direction given under
10                       section 4(2), the guidelines are to prevail.
                  (5)    If the Treasurer issues, amends or revokes a guideline
                         for the purposes of section 39F(2), 39J(3) or 39K(3)
                         the text of the guideline, amendment or revocation
                         shall be included in the annual report submitted by the
15                       accountable authority of the PTO under section 66 of
                         the Financial Administration and Audit Act 1985.
                                                                                   ".
     35.          Part IV heading replaced
                  The heading to Part IV is deleted and the following heading is
20                inserted instead --
                  "     Part 6 -- Miscellaneous           ".
     36.          Section 49 amended
           (1)    Section 49(1)(ea) is amended by deleting "subject to
                  subsections (2a) and (2b),".
25         (2)    Section 49(1)(n) is amended by deleting "his wife or any child,
                  parent or other person dependent on him, and for the education of
                  his children, as to the Public Trustee" and inserting instead --
                           "
                                 the person's spouse or any child, parent or other
30                               person dependent on the person, and for the
                                 education of the person or the person's
                                 children, as to the PTO
                                                                                   ".

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     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 2       Amendments to the Public Trustee Act 1941
     Division 2   Substantive amendments
     s. 37



           (3)     Section 49(1)(r) is amended by deleting "himself ".
           (4)     Section 49(2) is amended by deleting ", the Public Trustee" and
                   inserting instead --
                   "
5                        or performing a function referred to in clause 1(1) of
                         Schedule 5 to the Guardianship and Administration
                         Act 1990, the PTO
                                                                                 ".
           (5)     Section 49(2a), (2b) and (2c) are repealed.

10   37.           Section 52 replaced
                   Section 52 is repealed and the following section is inserted
                   instead --
     "
             52.         Public Trustee may sue itself in different capacities
15                 (1)   Despite any rule of law or practice to the contrary, the
                         PTO, acting in one capacity, may commence
                         proceedings in the PTO's corporate name against itself
                         acting in another capacity.
                   (2)   In every case referred to in subsection (1) the PTO
20                       shall obtain the directions of the Court as to how the
                         opposing interests are to be represented.
                                                                                    ".

     38.           Section 53 replaced
                   Section 53 is repealed and the following sections are inserted
25                 instead --
     "
             53.         Execution of documents by Public Trust Office
                   (1)   The PTO shall have a common seal.
                   (2)   A document is duly executed by the PTO if --
30                        (a) the common seal of the PTO is affixed to it in
                               accordance with subsections (3) and (4); or

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      Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
              Amendments to the Public Trustee Act 1941        Part 2
                               Substantive amendments     Division 2
                                                                 s. 38



               (b)   it is signed on behalf of the PTO by a person or
                     persons authorised to do so under
                     subsection (5).
       (3)   The common seal of the PTO shall not be affixed to
5            any document except as authorised by the PTO.
       (4)   The common seal of the PTO shall be affixed to a
             document in the presence of the Executive Director
             who shall sign the document to attest that the common
             seal was so affixed.
10     (5)   The PTO may, by writing under its seal, authorise the
             Executive Director or a member or members of staff to
             sign documents on behalf of the PTO, either generally
             or subject to such conditions or restrictions as are
             specified in the authorisation.
15     (6)   A document purporting to be executed in accordance
             with this section shall be presumed to be duly executed
             until the contrary is shown.
       (7)   A document executed by a person under this section
             without the common seal of the PTO shall not be
20           regarded as a deed unless the person executes it as a
             deed and is authorised under subsection (5) to do so.
       (8)   When a document is produced bearing a seal
             purporting to be the common seal of the PTO, it shall
             be presumed that the seal is the common seal of the
25           PTO until the contrary is shown.

     53A.    Supplementary provision about laying documents
             before Parliament
       (1)   If --
               (a)   at the commencement of the period referred to
30                   in section 4(3), 5(5) or 37C(5) in respect of a
                     document a House of Parliament is not sitting;
                     and


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     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 2       Amendments to the Public Trustee Act 1941
     Division 2   Substantive amendments
     s. 39



                        (b)   the Minister is of the opinion that that House
                              will not sit during that period,
                       the Minister shall transmit a copy of the document to
                       the Clerk of that House.
5                (2)   A copy of a document transmitted to the Clerk of a
                       House shall be regarded --
                        (a) as having been laid before that House; and
                        (b) as being a document published by order or
                              under the authority of that House.
10               (3)   The laying of a copy of a document that is regarded as
                       having occurred under subsection (2)(a) shall be
                       recorded in the Minutes, or Votes and Proceedings, of
                       the House on the first sitting day of the House after the
                       Clerk received the copy.
15                                                                                 ".

     39.         Section 54 amended
           (1)   Section 54(1) is amended by deleting "will in the Office of the
                 Public Trustee" and inserting instead --
                 " or her will with the PTO ".
20         (2)   Section 54(2) is amended by deleting "custody or control any
                 testamentary paper of any insane patient, insane person, or
                 represented person, may deposit the same in the Office of the
                 Public Trustee upon oath, as he" and inserting instead --
                 "
25                     or her custody or control any testamentary paper of any
                       insane person, or represented person, may deposit the
                       same with the PTO upon oath, as the PTO
                                                                                   ".




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           Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                   Amendments to the Public Trustee Act 1941        Part 2
                                    Substantive amendments     Division 2
                                                                      s. 40



     40.    Section 55 amended
            Section 55(2) is amended by deleting "Public Trustee may
            institute such inquiries as he thinks proper, and may, by
            summons under his hand, require any person to appear before
5           him and answer all questions that he" and inserting instead --
            "
                  PTO may make such inquiries as it considers to be
                  required, and may issue a summons to require a person
                  to appear before the Executive Director and answer all
10                questions that the Executive Director
                                                                            ".

     41.    Section 56 amended
            Section 56(2) is amended by deleting "Public Trustee in his
            corporate capacity" and inserting instead --
15          "   PTO ".

     42.    Section 59 amended
            Section 59 is amended by deleting "hand of the Public Trustee,
            and sealed with his seal, certifying the nature of his" and
            inserting instead --
20          "   seal of the PTO certifying the nature of the PTO's   ".

     43.    Section 60 amended
            Section 60 is amended by deleting "his office" and inserting
            instead --
            " the PTO ".

25   44.    Section 62 amended
            Section 62 is amended by deleting "Public Trustee" and
            inserting instead --
            "   PTO in relation to a deceased person's estate ".

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     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 2       Amendments to the Public Trustee Act 1941
     Division 2   Substantive amendments
     s. 45



     45.             Section 64 amended
           (1)       Section 64 is amended by inserting before "The Governor" the
                     subsection designation (1).
           (2)       At the end of section 64 the following subsection is inserted --
5                "
                     (2)   Section 45(1) and (2) of the Interpretation Act 1984
                           apply in respect of fees, commissions and charges
                           prescribed under this Act despite sections 3(3) and
                           45(3) of that Act.
10                                                                                   ".

     46.             Section 66 inserted
                     After section 65 the following section is inserted --
     "
             66.           Non-prescribed fees
15                   (1)   The PTO, in determining a fee (including
                           remuneration) that may be charged under this Act other
                           than by way of regulations, may provide for all or any
                           of the following matters --
                             (a) specific fees;
20                           (b) maximum or minimum fees;
                             (c) maximum and minimum fees;
                             (d) fees in proportion to the estimated value of the
                                   functions to be performed or the services to be
                                   provided;
25                           (e) the payment of fees either generally or under
                                   specified conditions or in specified
                                   circumstances;
                              (f) the reduction, waiver or refund, in whole or in
                                   part, of such fees.



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                 Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                         Amendments to the Public Trustee Act 1941        Part 2
                                          Substantive amendments     Division 2
                                                                            s. 47



                  (2)     Where any reduction, waiver or refund, in whole or
                          part, of any fee is provided for by the PTO such
                          reduction, waiver or refund may be expressed to apply
                          or be applicable either generally or specifically --
5                           (a) in respect of certain matters or transactions or
                                   classes of matter or transaction;
                            (b) in respect of certain documents or classes of
                                   document;
                            (c) when any event happens or ceases to happen;
10                          (d) in respect of certain persons or classes of
                                   person; or
                            (e) in respect of any combination of such matters,
                                   transactions, documents, events or persons,
                          and may be expressed to apply or to be applicable
15                        subject to such conditions as may be specified by the
                          PTO or in the discretion of any other person specified
                          by the PTO.
                                                                                   ".

     47.          First Schedule repealed
20                The First Schedule is repealed.

     48.          Sixth Schedule amended
           (1)    The Sixth Schedule is amended in the shoulder clause by
                  deleting "40A(1)" and inserting instead --
                  "     40(1)   ".
25         (2)    The Sixth Schedule is amended by deleting "Volume 541
                  Folio28A" and inserting instead --
                  "     Volume 1845 Folio 320 ".




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     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 2       Amendments to the Public Trustee Act 1941
     Division 3   Minor amendments to make gender of persons referred to in
                  the Act non-specific and as to corporate name
     s. 49


       Division 3 -- Minor amendments to make gender of persons
       referred to in the Act non-specific and as to corporate name
     49.         "He" amended to "the PTO"
           (1)   The provisions set out in the Table to this subsection are
5                amended by deleting "he" and inserting instead --
                 " the PTO ".
                                          Table
                 10(3)                         45(1)
                 10(4)                         49(1)(b)
                 10(6) (in both places)        49(1)(j)
                 14(1)                         49(1)(o)
                 14(3) (in both places)        49(1)(p) (in both places)
                 21(4) (in both places)        49(1)(r)
                 24                            49(3)
                 29(1)                         55(1)
                 31(2)                         56(1) (in the 2nd paragraph)
                 37(2)                         60 (in both places)
                 44(2) (in both places)        63
                 44(3)
           (2)   Sections 10(6) and 14(3) are amended by deleting "He" and
                 inserting instead --
10               "   The PTO ".

     50.         "He" amended to refer to various other persons
           (1)   Section 12(4) is amended by deleting "he" and inserting
                 instead --
                 " the executor or administrator       ".
15         (2)   Sections 12(7) and 37A(5) are amended by deleting "it or he"
                 and inserting instead --
                 " the Court or Judge     ".


     page 42
         Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                   Amendments to the Public Trustee Act 1941       Part 2
     Minor amendments to make gender of persons referred to in Division 3
                 the Act non-specific and as to corporate name
                                                                    s. 50


      (3)   Section 22(2)(a) is amended by deleting "he" and inserting
            instead --
            " the custodian trustee ".
      (4)   Section 22(2)(d) is amended by deleting "he" in both places
5           where it occurs and inserting instead --
            " the custodian trustee ".
      (5)   Section 22(2)(g) is amended by inserting after "he" --
            " or she    ".
      (6)   Section 27(2) is amended by deleting "he" and inserting
10          instead --
            " the Judge      ".
      (7)   Section 28(3) is amended by deleting "he" and inserting
            instead --
            " the owner      ".
15    (8)   Section 31(1)(a) is amended by deleting "he" and inserting
            instead --
            " the officer    ".
      (9)   Section 31(1)(b) is amended by deleting "he" in both places
            where it occurs and inserting instead --
20          " the person ".
     (10)   Section 55(6) is amended by deleting "he" and inserting
            instead --
            " the person ".
     (11)   Section 56(1) is amended by deleting "he" in the first place
25          where it occurs and inserting instead --
            " the person ".


                                                                      page 43
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 2       Amendments to the Public Trustee Act 1941
     Division 3   Minor amendments to make gender of persons referred to in
                  the Act non-specific and as to corporate name
     s. 51


      (12)       Section 58 is amended by deleting "he" in both places where it
                 occurs and inserting instead --
                 " the Judge      ".

     51.         "Him" amended to "the PTO"
5                The provisions set out in the Table to this section are amended
                 by deleting "him" and inserting instead --
                 " the PTO ".
                                              Table
                 10(5)                           44(1)
                 13(2)                           44(2)
                 13(3)                           44(3)
                 14(1)                           45(1)
                 14(2)                           47(1)
                 31(1)                           47(3)
                 31(2) (in the first place)      55(1)
                 32                              56(1)
                 37(2)                           58 (in the first and second
                 37A(2)                          places)
                 37A(3) (in both places)         61(2) (in both places)
                 41(1)                           64(i)

     52.         "Him" amended to refer to various other persons
10         (1)   Section 22(2)(d) is amended by deleting "him" and inserting
                 instead --
                 " the custodian trustee ".
           (2)   Section 31(2) is amended by deleting "him" in the second place
                 where it occurs and inserting instead --
15               " that person ".
           (3)   Section 47(2)(b) is amended by deleting "him" and inserting
                 instead --
                 " the applicant ".

     page 44
           Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                     Amendments to the Public Trustee Act 1941       Part 2
       Minor amendments to make gender of persons referred to in Division 3
                   the Act non-specific and as to corporate name
                                                                      s. 53


           (4)   Section 55(4) and 55(6) are amended by inserting after
                 "him" --
                 " or her    ".
           (5)   Section 58 is amended by deleting "him" in the third place
5                where it occurs and inserting instead --
                 " the Judge      ".
           (6)   Section 58 is amended by deleting "him" in the fourth place
                 where it occurs and inserting instead --
                 " that person ".

10   53.         "His" amended to "the PTO's"
                 The provisions set out in the Table to this section are amended
                 by deleting "his" and inserting instead --
                 " the PTO's      ".
                                            Table
                 13(2)                         49(1)(h)
                 14(5) (in the second place)   49(1)(l)
                 29(4) (in the third place)    50(1) (in the first place)
                 31(2)                         51
                 37A(2)                        56(1) (in both places)
                 47(1)                         58 (in the first place)
                 47(3)                         60 (in the first place)
                 49(1)

15   54.         "His" amended to refer to various other persons
           (1)   The provisions set out in the Table to this subsection are
                 amended by deleting "his" and inserting instead --
                 " the person's        ".




                                                                              page 45
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 2       Amendments to the Public Trustee Act 1941
     Division 3   Minor amendments to make gender of persons referred to in
                  the Act non-specific and as to corporate name
     s. 54


                                             Table
               9                                31(1) (in the first place)
               10(1)(a)                         44(3)
               16(1)(a)                         55(6) (in both places)
        (2)    Section 10(1)(ab) is amended by deleting "his estate" and
               inserting instead --
               " the deceased person's estate ".
5       (3)    Sections 16(2)(a) is amended by inserting after "his" --
               " or her    ".
        (4)    Section 27(1) is amended by deleting "his" and inserting
               instead --
               " the Judge's     ".
10      (5)    Section 29(1)(b) is amended by deleting "his" and inserting
               instead --
               " the represented person's        ".
        (6)    Section 29(2) is amended by deleting "his" in both places where
               it occurs and inserting instead --
15             " the represented person's        ".
        (7)    Section 29(4) is amended by deleting "his" in the first and
               second places where it occurs and inserting instead --
               " the represented person's        ".
        (8)    Section 31(1) is amended by deleting "his" in the second place
20             where it occurs and inserting instead --
               " the officer's     ".
        (9)    Section 47(2)(a), (b) and (c) are amended by deleting "his" and
               inserting instead --
               " the applicant's        ".


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           Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                     Amendments to the Public Trustee Act 1941       Part 2
       Minor amendments to make gender of persons referred to in Division 3
                   the Act non-specific and as to corporate name
                                                                      s. 55


      (10)   Section 50(1) (in the second place) and (2) is amended by
             deleting "his" and inserting instead --
             " the officer's       ".
      (11)   Section 58 is amended by inserting after "his" in the second and
5            third places where it occurs --
             " or her       ".

     55.     "Public Trustee" amended to "PTO"
             The provisions set out in the Table to this section are amended
             by deleting "Public Trustee" and inserting instead --
10           "   PTO ".
                                           Table
              2 (in the definition of          13(1) (in each place)
              "estate")                        13(2) (in both places)
              2 (in the definition of          13(3) (in both places)
              "represented person")            14(1) (in both places)
              3(1)(b), (c), (d)(i) and (ii),   14(2)
              (e), (f) and (h)                 14(4)
              7(1)                             14(5) (in each place)
              7(2)                             16(1)(a) (in both places)
              8 (in both places)               16(1)(b) (in each place)
              9 (in the first place)           16(2)(a) (in both places)
              10(1) (in both places)           16(3) (in the second place)
              10(2)                            17 (in both places)
              10(3) (in each place)            20
              10(4) (in both places)           21(1)
              10(5)                            21(3)
              11                               21(4) (in each place)
              12(1)                            21(5) (in each place)
              12(2)                            21(6)
              12(3)                            21(7)
              12(4) (in both places)           22(1)
              12(5)                            23(1)
              12(6)                            24
              12(8) (in both places)           27(1)

                                                                             page 47
    Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
    Part 2       Amendments to the Public Trustee Act 1941
    Division 4   Savings and transitional provisions
    s. 56



                28(3) (in each place)       49(1)
                29(1)                       49(1)(d)
                29(2)                       49(1)(e)
                29(4)                       49(3) (in both places)
                31(1) (in each place)       49(4)
                31(2)                       50(1) (in both places)
                32 (in both places)         50(2) (in both places)
                33 (in both places)         51 (in both places)
                37(1)                       54(3) (in both places)
                37(2)                       55(1)
                37(3)(b)                    55(3)
                37(3)(c) (in both places)   55(6) (in both places)
                37A(1) (in both places)     55(7)
                37A(2)                      56(1) (in each place)
                37A(3) (in both places)     57
                37A(4)                      58 (in each place)
                37A(6) (in both places)     60
                41(1)                       61(1) (in both places)
                44(1)                       61(2) (in both places)
                44(3)                       63
                44(4)                       64(f)
                45(1) (in each place)       64(g)
                45(2) (in both places)      64(h)
                47(2) (in each place)       64(i) (in both places)
                47(3)

                Division 4 -- Savings and transitional provisions
    56.         Definitions
          (1)   In this Division --
                "commencement day" means the day on which this Act comes
5                    into operation;
                "existing participant" means a trust or estate on behalf of
                     which moneys were invested before the commencement
                     day in the Common Fund referred to in repealed
                     section 40(1);



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                 Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                         Amendments to the Public Trustee Act 1941        Part 2
                                 Savings and transitional provisions Division 4
                                                                            s. 57



                  "purchased land" has the meaning that it had under repealed
                      section 40A(1);
                  "reserve moneys" means the balances of interest referred to in
                      repealed section 40(4)(c) that are held by the Public Trustee
5                     as part of the Common Fund referred to in repealed
                      section 40(1) immediately before the commencement day;
                  "saved Common Fund" means the common fund referred to in
                      section 61.
           (2)    In this Division a reference to a particular repealed provision is
10                a reference to the particular provision of the Public Trustee
                  Act 1941 as it was in effect immediately before the
                  commencement day.

     57.          Interpretation Act 1984 not affected
                  The provisions of this Division do not prejudice or affect the
15                application of the Interpretation Act 1984 to and in relation to
                  the repeal effected by section 8.

     58.          The Public Trustee continues as the Public Trust Office
           (1)    The Public Trust Office as established on the commencement
                  day is a continuation of, and the same legal entity as, the body
20                corporate known immediately before the commencement day as
                  the Public Trustee.
           (2)    If in a written law or other document or instrument there is --
                    (a) a reference to the Public Trustee; or
                    (b) a reference that is to be read and construed as a
25                         reference to the Public Trustee,
                  that reference, where the context so requires, is to be read as if it
                  had been amended to be a reference to the Public Trust Office
                  as established on the commencement day.




                                                                               page 49
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 2       Amendments to the Public Trustee Act 1941
     Division 4   Savings and transitional provisions
     s. 59



           (3)   The Registrar of Titles is to take notice of the provisions of this
                 Division and is empowered to record and register in the
                 appropriate manner the necessary documents and otherwise to
                 give effect to this Division.

5    59.         Staff
                 The person who was the officer called the Public Trustee
                 immediately before the commencement day continues in office
                 on and after the commencement day as the Executive Director,
                 Public Trust Office and except as otherwise agreed by that
10               person, the person's remuneration, existing or accrued rights,
                 rights under a superannuation scheme or continuity of service
                 are not affected, prejudiced or interrupted by this section or
                 section 58.

     60.         Crediting of certain reserve moneys to Consolidated Fund
15         (1)   Within 6 months of the commencement day the Public Trust
                 Office and the Treasurer are to --
                  (a) agree on the amount of reserve moneys, or a means of
                         assessing the amount of reserve moneys, that is to be
                         held by the Public Trust Office pending the sale of the
20                       purchased land in the event that the proceeds of the sale
                         of the purchased land are less than the book value of the
                         purchased land set out in the accounts of the Public
                         Trust Office; and
                  (b) identify the reserve moneys that are to be credited to the
25                       Consolidated Fund and agree when, and if relevant the
                         circumstances in which, those moneys are to be credited
                         to the Consolidated Fund.
           (2)   To the extent that a matter referred to in subsection (1) is not
                 agreed within the period referred to in that subsection the matter
30               is to be determined by the Treasurer.




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                 Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                         Amendments to the Public Trustee Act 1941        Part 2
                                 Savings and transitional provisions Division 4
                                                                            s. 61



           (3)    Reserve moneys are to be credited to the Consolidated Fund in
                  accordance with an agreement under subsection (1) or a
                  determination under subsection (2).
           (4)    Subsections (1) to (3) and any agreement under subsection (1)
5                 or determination under subsection (2) have effect despite any
                  provision of the Public Trust Office Act 1941.

     61.          The Common Fund saved as a common fund
                  The Common Fund referred to in repealed section 40(1) is, on
                  and from the commencement day, to be treated as a common
10                fund as defined in the Public Trust Office Act 1941.

     62.          Power to meet deficiency in the saved Common Fund from
                  the Consolidated Fund continues for 5 years in respect of
                  existing participants
           (1)    Despite the repeal of repealed section 42 by this Act that section
15                continues to apply to the saved Common Fund to the extent set
                  out in subsection (2) for a period of 5 years after the
                  commencement day.
           (2)    Repealed section 42 applies under subsection (1) --
                   (a) to the moneys that, immediately before the
20                       commencement day, are standing to the credit of the
                         saved Common Fund or, if any of those moneys are
                         withdrawn on or after the commencement day, to the
                         balance of those moneys; and
                   (b) only in respect of existing participants.
25         (3)    No later than 6 months after the commencement day the Public
                  Trust Office is to give written notice to each existing participant
                  on behalf of which moneys remain invested in the saved
                  Common Fund at the time the notice is given and the notice is to
                  be to the effect that repealed section 42 will no longer apply to
30                the existing participant's investments in the saved Common
                  Fund when the 5 year period expires.


                                                                             page 51
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 2       Amendments to the Public Trustee Act 1941
     Division 4   Savings and transitional provisions
     s. 63



           (4)   No later than 6 months before the 5 year period expires the
                 Public Trust Office is to give written notice to each existing
                 participant on behalf of which moneys remain invested in the
                 saved Common Fund at the time the notice is given and the
5                notice is to be to the effect that repealed section 42 will no
                 longer apply to the existing participant's investments in the
                 saved Common Fund when that period expires.
           (5)   The operation of subsection (1) is not affected by --
                  (a) the failure of the Public Trust Office to give notice in
10                      accordance with subsection (3) or (4); or
                  (b) an existing participant not receiving the notice referred
                        to in subsection (3) or (4).

     63.         Savings of leases under repealed section 40(2a)(b) and 40A
                 A lease that had been entered into under repealed
15               section 40(2a)(b) or 40A and that is in effect immediately
                 before the commencement day continues to have effect on and
                 from the commencement day as if the relevant repealed section
                 had not been repealed by this Act.

     64.         Interim business plan and interim annual operational plan
20         (1)   The Executive Director shall prepare and submit to the Minister
                 for the Minister's approval, as soon as is practicable after the
                 commencement day, a draft interim business plan and a draft
                 interim annual operational plan.
           (2)   When the Minister has approved the draft interim business plan
25               and the draft interim annual operational plan those documents
                 become the business plan and the annual operational plan for
                 the remainder of the financial year in which this Act comes into
                 operation, or until the Minister approves a draft business plan
                 and a draft annual operational plan, whichever is the later.




     page 52
            Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                 Amendments to the Trustee Companies Act 1987        Part 3

                                                                             s. 65



           Part 3 -- Amendments to the Trustee Companies
                           Act 1987
     65.      The Act amended
              The amendments in this Part are to the Trustee Companies
5             Act 1987*.
              [* Reprinted as at 1 November 1999.]

     66.      Section 18A inserted
              After section 18 the following section is inserted in Part III --
     "
10         18A.       Fees for preparation of wills and enduring powers
                      of attorney
              (1)     Despite anything to the contrary in the Legal
                      Practitioners Act 1893, a trustee company may charge
                      a fee and recover disbursements for the preparation of a
15                    will or an enduring power of attorney.
              (2)     Subsection (1) applies only if the will or enduring
                      power of attorney is prepared under the direction and
                      control of a certificated practitioner within the meaning
                      of the Legal Practitioners Act 1893.
20                                                                                ".

     67.      Section 30 amended
              Section 30 is amended by deleting "state" and inserting
              instead --
              "     estate ".

25   68.      Schedule 2 amended
              Schedule 2 clause 3(a) is amended by deleting "Public Trustee"
              and inserting instead --
              "     Public Trust Office   ".

                                                                          page 53
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 4       Consequential amendments to various other Acts
     Division 1   Aboriginal Affairs Planning Authority Act 1972
     s. 69



            Part 4 -- Consequential amendments to various
                            other Acts
       Division 1 -- Aboriginal Affairs Planning Authority Act 1972
     69.         The Act amended
5                The amendments in this Division are to the Aboriginal Affairs
                 Planning Authority Act 1972*.
                 [* Reprinted as at 5 February 1999.
                    For subsequent amendments see 1999 Index to Legislation of
                    Western Australia, Table 1, p. 2.]

10   70.         Section 35 amended
           (1)   Section 35(1) is amended by deleting "Public Trustee under and
                 subject to the provisions of the Public Trustee Act 1941" and
                 inserting instead --
                 "
15                     Public Trust Office under and subject to the provisions
                       of the Public Trust Office Act 1941
                                                                                 ".
           (2)   Section 35(3) is amended by deleting "Public Trustee" and
                 inserting instead --
20               "   Public Trust Office   ".
           (3)   Section 35(5) is amended by deleting "Public Trustee" and
                 inserting instead --
                 "   Public Trust Office   ".

     71.         Section 36 amended
25         (1)   Section 36(1) is amended by deleting "Public Trustee" and
                 inserting instead --
                 "   Public Trust Office   ".

     page 54
                 Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                      Consequential amendments to various other Acts      Part 4
                                           Administration Act 1903   Division 2
                                                                            s. 72



           (2)    Section 36(2) is amended by deleting "Public Trustee may
                  recover any such wages or property by action in his" and
                  inserting instead --
                  "
5                       Public Trust Office may recover any such wages or
                        property by action in its
                                                                                 ".
           (3)    Section 36(3) is amended by deleting "Public Trustee" and
                  inserting instead --
10                "   Public Trust Office   ".

     72.          Section 37 amended
                  Section 37 is amended by deleting "Public Trustee" and
                  inserting instead --
                  "   Public Trust Office   ".

15                      Division 2 -- Administration Act 1903
     73.          The Act amended
                  The amendments in this Division are to the Administration
                  Act 1903*.
                  [* Reprinted as at 1 July 1999.]

20   74.          Section 3 amended
           (1)    Section 3 is amended in the definition of "Administrator" by
                  deleting "Public Trustee" and inserting instead --
                  "   Public Trust Office   ".




                                                                           page 55
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 4       Consequential amendments to various other Acts
     Division 2   Administration Act 1903
     s. 75



           (2)   Section 3 is amended by deleting the definition of "Public
                 Trustee" and inserting the following definition instead --
                 "
                       "Public Trust Office" means the Public Trust Office
5                           established by the Public Trust Office Act 1941.
                                                                                ".
     75.         Section 17A amended
                 Section 17A(1) is amended by deleting "Public Trustee" and
                 inserting instead --
10               "   Public Trust Office   ".
     76.         Section 26 amended
                 Section 26(8) is amended by deleting "Public Trustee" and
                 inserting instead --
                 "   Public Trust Office   ".
15   77.         Section 45 amended
                 Section 45(1) is amended by deleting "Public Trustee" and
                 inserting instead --
                 "   Public Trust Office   ".
     78.         Section 142 amended
20         (1)   Section 142(1) is amended by deleting "Public Trustee of
                 Western Australia" and inserting instead --
                 "   Public Trust Office   ".
           (2)   Section 142(2) is amended by deleting "Public Trustee of
                 Western Australia, is situated outside the limits of Western
25               Australia, such Public Trustee" and inserting instead --
                 "
                       Public Trust Office, is situated outside the limits of
                       Western Australia, the Public Trust Office
                                                                                ".

     page 56
           Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                Consequential amendments to various other Acts      Part 4
                                      Auction Sales Act 1973   Division 3
                                                                      s. 79



                   Division 3 -- Auction Sales Act 1973
     79.    Auction Sales Act 1973 amended
            Section 5(1)(e) of the Auction Sales Act 1973* is amended by
            deleting "Public Trustee" and inserting instead --
5           "   Public Trust Office   ".
            [* Reprinted as at 10 June 1999.
               For subsequent amendments see 1999 Index to Legislation of
               Western Australia, Table 1, p. 17.]

                 Division 4 -- Charitable Trusts Act 1962
10   80.    Charitable Trusts Act 1962 amended
            Section 13(c) of the Charitable Trusts Act 1962* is amended by
            deleting "Public Trustee" and inserting instead --
            "   Public Trust Office   ".
            [* Reprinted as authorised 24 March 1971.
15             For subsequent amendments see 1999 Index to Legislation of
               Western Australia, Table 1, p. 34.]

           Division 5 -- Constitution Acts Amendment Act 1899
     81.    Constitution Acts Amendment Act 1899 amended
            Schedule V Part 3 to the Constitution Acts Amendment
20          Act 1899* is amended by inserting after the item relating to the
            Psychologists Board the following item --
            " The Public Trust Office ".
            [* Reprinted as at 19 May 2000.
               For subsequent amendments see 1999 Index to Legislation of
25             Western Australia, Table 1, pp. 49-50, and Acts Nos. 2, 20,
               24 and 25 of 2000.]


                                                                      page 57
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 4       Consequential amendments to various other Acts
     Division 6   Crimes (Confiscation of Profits) Act 1988
     s. 82



             Division 6 -- Crimes (Confiscation of Profits) Act 1988
     82.         The Act amended
                 The amendments in this Division are to the Crimes
                 (Confiscation of Profits) Act 1988*.
5                [* Act No. 47 of 1988 .
                    For subsequent amendments see 1999 Index to Legislation of
                    Western Australia, Table 1, p. 57.]

     83.         Heading to Part 4 amended
                 The heading to Part 4 is amended by deleting "Public Trustee"
10               and inserting instead --
                 "   Public Trust Office          ".

     84.         Section 28 amended
           (1)   Section 28(1) is amended by deleting "Public Trustee is entitled
                 to receive such fees as may be prescribed by or under the Public
15               Trustee Act 1941 in respect of the exercise of its powers or the
                 performance of its duties in relation to property of which the
                 Public Trustee" and inserting instead --
                 "
                       Public Trust Office is entitled to receive such fees as
20                     may be determined or prescribed by or under the
                       Public Trust Office Act 1941 in respect of the exercise
                       of its powers or the performance of its duties in relation
                       to property of which the Public Trust Office
                                                                                  ".
25         (2)   Section 28(2) is amended by deleting "Public Trustee in the
                 exercise of powers or the performance of duties by the Public
                 Trustee in relation to property of which the Public Trustee" and
                 inserting instead --
                 "
30                     Public Trust Office or its members of staff as defined
                       by the Public Trust Office Act 1941 or its agents in the

     page 58
                 Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                      Consequential amendments to various other Acts       Part 4
                             Crimes (Confiscation of Profits) Act 1988 Division 6
                                                                            s. 85



                        exercise of powers or the performance of duties by
                        those persons in relation to property of which the
                        Public Trust Office
                                                                                    ".
5          (3)    Section 28(3) is deleted.
           (4)    Section 28(4) is amended by deleting "under the hand of the
                  Public Trustee or a Deputy Public Trustee and sealed with the
                  common seal of the Public Trustee" and inserting instead --
                  "   sealed with the common seal of the Public Trust Office    ".

10   85.          "Public Trustee" amended to "Public Trust Office"
                  The provisions set out in the Table to this section are amended
                  by deleting "Public Trustee" and inserting instead --
                  "   Public Trust Office      ".
                                               Table
                   20(7)(b)                         27(5) (in each place)
                   22(2)(d) (in both places)        27(6) (in each place)
                   22(4)(e) (in each place)         27(7)
                   25(2)(d) (in both places)        28(4)(a)
                   25(6)                            28(5) (in each place)
                   25(8)                            28(6) (in each place)
                   26(3)                            28(7) (in each place)
                   26(5)                            50(4)(a)
                   27(1) (in both places)           50(5)
                   27(2)                            50(7)
                   27(4) (in both places)           51(in both places)




                                                                             page 59
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 4       Consequential amendments to various other Acts
     Division 7   Criminal Injuries Compensation Act 1985
     s. 86



           Division 7 -- Criminal Injuries Compensation Act 1985
     86.       Criminal Injuries Compensation Act 1985 amended
               Section 16(2) of the Criminal Injuries Compensation Act 1985*
               is amended as follows:
5                 (a) in paragraph (b) by inserting after "Mental Health
                      Act 1962" --
                          "
                                before it was amended by section 123 of the
                                Guardianship and Administration Act 1990
10                                                                                 ";
                (b)       by deleting paragraph (c) and inserting the following
                          paragraphs instead --
                      "
                          (c)   an incapable patient or infirm person within the
15                              meaning of the Public Trustee Act 1941 before
                                it was amended by section 123 of the
                                Guardianship and Administration Act 1990, the
                                application may be made by the Public Trust
                                Office;
20                        (d)   a represented person as defined by the
                                Guardianship and Administration Act 1990, the
                                application may be made by the guardian or
                                administrator as defined by that Act, as is
                                relevant to the case.
25                                                                                 ".
               [* Reprinted as at 12 February 1997.]




     page 60
             Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                  Consequential amendments to various other Acts      Part 4
                      Financial Administration and Audit Act 1985 Division 8
                                                                        s. 87




           Division 8 -- Financial Administration and Audit Act 1985
     87.       Financial Administration and Audit Act 1985 amended
               Schedule 1 to the Financial Administration and Audit Act 1985*
               is amended by deleting "Public Trustee" and inserting
5              instead --
               "    Public Trust Office   ".
               [* Reprinted as at 9 July 1999.
                  For subsequent amendments see 1999 Index to Legislation of
                  Western Australia, Table 1, p. 89 and Acts Nos. 20, 24 and 25
10                of 2000.]

               Division 9 -- Financial Institutions Duty Act 1983
     88.       Financial Institutions Duty Act 1983 amended
               Section 3 of the Financial Institutions Duty Act 1983* is
               amended in the definition of "trustee corporation" as follows:
15              (a) by deleting paragraph (a) and inserting the following
                      paragraph instead --
                         "
                             (a)   the Public Trust Office established by the
                                   Public Trust Office Act 1941;
20                                                                                ";
                   (b)   in paragraph (c) by deleting "Public Trustee" and
                         inserting instead --
                         " Public Trust Office ".
                   [*Reprinted as at 19 November 1992.
25                  For subsequent amendments see 1999 Index to Legislation
                    of Western Australia, Table 1, p. 90.]




                                                                             page 61
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 4       Consequential amendments to various other Acts
     Division 10  Guardianship and Administration Act 1990
     s. 89



           Division 10 -- Guardianship and Administration Act 1990
     89.         The Act amended
                 The amendments in this Division are to the Guardianship and
                 Administration Act 1990*.
5                [* Reprinted as at 21 April 1997 .
                    For subsequent amendments see 1999 Index to Legislation of
                    Western Australia, Table 1, p. 106.]

     90.         Section 3 amended
           (1)   Section 3(1) is amended in the definition of "corporate trustee"
10               by deleting "Public Trustee" and inserting instead --
                 "   Public Trust Office   ".
           (2)   Section 3(1) is amended by deleting the definition of "Public
                 Trustee" and inserting the following definition instead --
                 "
15                     "Public Trust Office" means the Public Trust Office
                          established by the Public Trust Office Act 1941;
                                                                                 ".

     91.         Section 41 amended
                 Section 41(1)(c)(ii) is amended by deleting "Public Trustee"
20               and inserting instead --
                 "   Public Trust Office   ".

     92.         Section 64 amended
                 Section 64(3)(b) is amended by deleting "Public Trustee
                 Act 1941" and inserting instead --
25               "   Public Trust Office Act 1941 ".




     page 62
                 Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                      Consequential amendments to various other Acts      Part 4
                           Guardianship and Administration Act 1990  Division 10
                                                                            s. 93



     93.          Section 76 amended
                  Section 76(3) is amended by deleting "sections 50 and 53 of the
                  Public Trustee Act 1941" and inserting instead --
                  "   section 6, 6A or 50 of the Public Trust Office Act 1941 ".

5    94.          Section 80 amended
           (1)    Section 80(1a) is amended by deleting "Public Trustee" and
                  inserting instead --
                  "   Public Trust Office   ".
           (2)    Section 80(7) is amended by deleting "Public Trustee in the
10                Public Trustee's" and inserting instead --
                  "   Public Trust Office in the Public Trust Office's   ".

     95.          Section 83B amended
           (1)    Section 83B(1)(b) is amended by deleting "Public Trustee" and
                  inserting instead --
15                "   Public Trust Office   ".
           (2)    Section 83B(2) is amended by deleting "Public Trustee" in both
                  places where it occurs and inserting instead --
                  "   Public Trust Office   ".
           (3)    Section 83B(3) is amended by deleting "Public Trustee" and
20                inserting instead --
                  "   Public Trust Office   ".




                                                                              page 63
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 4       Consequential amendments to various other Acts
     Division 10  Guardianship and Administration Act 1990
     s. 96



     96.             Section 117 amended
                     Section 117(3)(a) is amended by deleting "Public Trustee from
                     receiving remuneration under the Public Trustee Act 1941" and
                     inserting instead --
5                    "
                               Public Trust Office from receiving remuneration under
                               the Public Trust Office Act 1941
                                                                                                 ".

     97.             Schedule 5 clause 1 amended
10         (1)       Schedule 5 clause 1(1) is amended as follows:
                         (a)     by deleting "he" and inserting instead --
                                 " the Public Trust Office ";
                         (b)     by deleting "him" and inserting instead --
                                 " the Public Trustee ".
15         (2)       Schedule 5 clause 1(2) is amended as follows:
                      (a) by deleting "derives" and inserting instead --
                            " derived ";
                      (b) by inserting after "1941" --
                            " before that section was repealed by section 123            ".
20         (3)       After Schedule 5 clause 1(2) the following subclause is
                     inserted --
                 "
                     (2a)      For the avoidance of doubt, the means by which the Public
                               Trust Office performs the functions referred to in
25                             clause 1(1) or (2) at a particular time are to be in accordance
                               with the functions and powers that the Public Trust Office
                               has at that time.
                                                                                                 ".




     page 64
           Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                Consequential amendments to various other Acts      Part 4
                     Guardianship and Administration Act 1990  Division 10
                                                                      s. 97



     (4)    Schedule 5 clause 1(3) is amended by deleting "Public Trustee
            shall cease to have the functions under section 24 referred to in
            subclause (1) when he" and inserting instead --
            "
5                     Public Trust Office shall cease to have the functions under
                      section 24 referred to in subclause (1) when the Public Trust
                      Office
                                                                                      ".
     (5)    Schedule 5 clause 1(4) is amended as follows:
10            (a) by deleting "Public Trustee shall cease to have the
                   functions under section 36C referred to in subclause (1)
                   when he" and inserting instead --
            "
                      Public Trust Office shall cease to have the functions under
15                    section 36C referred to in subclause (1) when the Public
                      Trust Office
                                                                                      ";
                (b)     by deleting "he certifies under the Public Trustee
                        Act 1941" and inserting instead --
20          "
                      the Public Trust Office certifies under the provisions of the
                      Public Trustee Act 1941 that were repealed by section 123
                                                                                      ".
     (6)    Schedule 5 clause 1(5) is amended by deleting "Public Trustee
25          in" and inserting instead --
            "    Public Trust Office in        ".
     (7)    Schedule 5 clause 1(6) is amended by deleting "Public Trustee"
            in both places where it occurs and inserting instead --
            "    Public Trust Office     ".
30   (8)    Schedule 5 clause 1(7) is amended by deleting "Public Trustee"
            in both places where it occurs and inserting instead --
            "    Public Trust Office      ".

                                                                               page 65
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 4       Consequential amendments to various other Acts
     Division 11  Inheritance (Family and Dependants Provision) Act 1972
     s. 98



     98.             Schedule 5 clause 2 amended
           (1)       Schedule 5 clause 2(2) is repealed and the following subclause
                     is inserted instead --
                 "
5                    (2)     Subclause (1) also applies in respect of the Public Trust
                             Office, with all necessary changes, where the Public Trustee
                             was the manager of the estate of a person under section 25
                             of the Public Trustee Act 1941 immediately before that
                             section was repealed by section 123.
10                                                                                          ".
           (2)       Schedule 5 clause 2(3)(b) is amended by inserting
                     after "1941" --
                     " as it was immediately before it was repealed by section 123 ".
     99.             Schedule 5 clause 3 amended
15                   Schedule 5 clause 3(1)(a) is amended by deleting "Public
                     Trustee" and inserting instead --
                     "     Public Trust Office   ".

      Division 11 -- Inheritance (Family and Dependants Provision)
                               Act 1972
20   100.            Inheritance (Family and Dependants Provision) Act 1972
                     amended
                     Section 4(1) of the Inheritance (Family and Dependants
                     Provision) Act 1972* is amended in the definition of
                     "Administrator" by deleting "Public Trustee" and inserting
25                   instead --
                     "     Public Trust Office        ".
                     [* Act No. 57 of 1972.
                        For subsequent amendments see 1999 Index to Legislation of
                        Western Australia, Table 1, p. 121.]



     page 66
            Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                 Consequential amendments to various other Acts      Part 4
                                  Land Administration Act 1997  Division 12
                                                                     s. 101



                 Division 12 -- Land Administration Act 1997
     101.    Land Administration Act 1997 amended
             Section 172(7)(a) of the Land Administration Act 1997* is
             amended by deleting "Public Trustee" and inserting instead --
5            "    Public Trust Office   ".
             [* Act No. 30 of 1997.
                For subsequent amendments see 1999 Index to Legislation of
                Western Australia, Table 1, p. 133, and Acts Nos. 13 and 24
                of 2000.]

10                      Division 13 -- Police Act 1892
     102.    Police Act 1892 amended
             Section 27 of the Police Act 1892* is amended by deleting
             "Public Trustee" and inserting instead --
             "    Public Trust Office   ".
15           [* Reprinted as at 1 April 2000.
                For subsequent amendments see 1999 Index to Legislation of
                Western Australia, Table 1, p. 194, and Acts Nos. 17 and 24
                of 2000.]

            Division 14 -- Public Sector Management Act 1994
20   103.    Public Sector Management Act 1994 amended
             Schedule 2 to the Public Sector Management Act 1994* is
             amended by inserting after item 37B the following item --
             "    38        The Public Trust Office   ".
             [* Reprinted as at 9 June 2000.
25              For subsequent amendments see 1999 Index to Legislation of
                Western Australia, Table 1, p. 204, and Acts Nos. 24 and 25
                of 2000.]

                                                                    page 67
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 4       Consequential amendments to various other Acts
     Division 15  Securities Industry (Application of Laws) Act 1981 amended
     s. 104



            Division 15 -- Securities Industry (Application of Laws)
                             Act 1981 amended
     104.      Securities Industry (Application of Laws) Act 1981 amended
               Schedule 1 to the Securities Industry (Application of Laws)
5              Act 1981* is amended in clause 2B by deleting "Public Trustee,
               under the Public Trustee Act 1941" and inserting instead --
                      "
                                Public Trust Office, under the Public Trust Office
                                Act 1941
10                                                                                   ".
               [* Act No. 31 of 1981.]
                  Division 16 -- Securities Industry Act 1975
     105.      Securities Industry Act 1975 amended
               Section 4(1) of the Securities Industry Act 1975* is amended in
15             the definition of "exempt dealer" by deleting paragraph (f) and
               inserting the following paragraph instead --
                      "
                          (f)     the Public Trust Office when it carries on a
                                  business of dealing in securities by reason of
20                                its powers under the Public Trust Office
                                  Act 1941;
                                                                                     ".
               [* Act No. 99 of 1975.]

       Division 17 -- Statutory Corporations (Liability of Directors)
25                              Act 1996
     106.      Statutory Corporations (Liability of Directors) Act 1996
               amended
               Schedule 1 to the Statutory Corporations (Liability of
               Directors) Act 1996* is amended by inserting after the item



     page 68
            Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                 Consequential amendments to various other Acts      Part 4
                                         Strata Titles Act 1985 Division 18
                                                                     s. 107



             relating to the Potato Marketing Corporation the following
             item --
             "
                  Public Trust   the Executive        Public Trust Office
                  Office         Director             Act 1941
                                                                              ".
5            [* Act No. 41 of 1996.
                For subsequent amendments see 1999 Index to Legislation of
                Western Australia, Table 1, p. 239.]

                    Division 18 -- Strata Titles Act 1985
     107.    Strata Titles Act 1985 amended
10           Section 50(2) of the Strata Titles Act 1985* is amended by
             deleting "Public Trustee under the Public Trustee Act 1941"
             and inserting instead --
             "
                   Public Trust Office established by the Public Trust
15                 Office Act 1941
                                                                              ".
             [* Reprinted as at 1 July 1999 .
                For subsequent amendments see Act No. 24 of 2000.]

                  Division 19 -- Supreme Court Act 1935
20   108.    Supreme Court Act 1935 amended
             Section 167(1)(k) of the Supreme Court Act 1935* is amended
             by deleting "Public Trustee" and inserting instead --
             "   Public Trust Office   ".
             [* Reprinted as at 23 July 1999 .
25              For subsequent amendments see Act No. 27 of 2000.]



                                                                         page 69
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 4       Consequential amendments to various other Acts
     Division 20  Transfer of Land Act 1893
     s. 109



                   Division 20 -- Transfer of Land Act 1893
     109.      Transfer of Land Act 1893 amended
               Section 187(1) of the Transfer of Land Act 1893* is amended by
               deleting "Public Trustee" in each place where it occurs and
5              inserting instead --
               "   Public Trust Office   ".
               [* Reprinted as at 23 July 1999.
                  For subsequent amendments see 1999 Index to Legislation of
                  Western Australia, Table 1, p. 256, and Act No. 24 of 2000.]

10                      Division 21 -- Trustees Act 1962
     110.      The Act amended
               The amendments in this Division are to the Trustees Act 1962*.
               [* Reprinted as at 14 September 1981.
                  For subsequent amendments see 1999 Index to Legislation of
15                Western Australia, Table 1, p. 259.]

     111.      Section 6 amended
               Section 6(1) is amended in the definition of "trustee
               corporation" by deleting "Public Trustee in and for Western
               Australia" and inserting instead --
20             "
                     Public Trust Office established by the Public Trust
                     Office Act 1941
                                                                                ".

     112.      Section 13 amended
25             Section 13(3) is amended by deleting "subsection (4) of
               section twelve of the Public Trustee Act 1941, the Court, upon
               the application of any executor or administrator being also
               trustee of the will of the person whose estate he is

     page 70
            Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
                 Consequential amendments to various other Acts      Part 4
                                             Trustees Act 1962  Division 21
                                                                     s. 113



             administering, by order transfers to the Public Trustee the estate
             of the deceased person for administration, then the Public
             Trustee" and inserting instead --
             "
5                  section 12(4) of the Public Trust Office Act 1941, the
                   Court, upon the application of any executor or
                   administrator being also trustee of the will of the
                   person whose estate he is administering, by order
                   transfers to the Public Trust Office the estate of the
10                 deceased person for administration, then the Public
                   Trust Office
                                                                             ".

     113.    Section 14 amended
             Section 14(5)(a) is amended by deleting "Public Trustee, as
15           prescribed under the Public Trustee Act 1941" and inserting
             instead --
                     "
                           Public Trust Office, as determined or
                           prescribed under the Public Trust Office
20                         Act 1941
                                                                             ".

     114.    Section 15 amended
             Section 15(4)(a) is amended by deleting "Public Trustee, as
             prescribed under the Public Trustees Act 1941" and inserting
25           instead --
                     "
                           Public Trust Office, as determined or
                           prescribed under the Public Trust Office
                           Act 1941
30                                                                           ".




                                                                       page 71
     Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
     Part 4       Consequential amendments to various other Acts
     Division 22  Unclaimed Money Act 1990
     s. 115



     115.      Section 51 amended
               Section 51(3) is amended by deleting "Public Trustee" and
               inserting instead --
               "    Public Trust Office    ".

5                   Division 22 -- Unclaimed Money Act 1990
     116.      Unclaimed Money Act 1990 amended
               Section 9(1) of the Unclaimed Money Act 1990* is amended as
               follows:
                 (a) in paragraph (e) by deleting "Public Trustee Act 1941 is
10                    paid to the Treasury" and inserting instead --
                         "
                               Public Trust Office Act 1941 is credited to the
                               Consolidated Fund
                                                                                   ";
15                 (b)   in paragraph (f) by deleting "Public Trustee and is for
                         the time being held in the Common Fund established
                         under section 40 of the Public Trustee Act 1941" and
                         inserting instead --
                         "
20                             Public Trust Office and is for the time being
                               held in a common fund as defined in the Public
                               Trust Office Act 1941
                                                                                   ".
               [* Reprinted as at 5 November 1999.]




 


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