Commonwealth Consolidated Acts

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Petition for administration under this Part by person administering deceased person's estate

  (1)   Subject to this section, a person administering the estate of a deceased person may present a petition for an order for the administration of the estate under this Part, accompanied by a statement, in duplicate, of the deceased person's affairs and of his or her administration of the deceased person's estate.

  (1A)   Upon hearing the petition, the Court may make, or refuse to make, the order sought as it thinks fit.

  (2)   A petition under this section shall not be presented unless, at the time of his or her death, the deceased person:

  (a)   was personally present or ordinarily resident in Australia;

  (b)   had a dwelling house or place of business in Australia;

  (c)   was carrying on business in Australia, either personally or by means of an agent or manager; or

  (d)   was a member of a firm or partnership carrying on business in Australia by means of a partner or partners, or of an agent or manager.

  (3)   If the Court makes an order upon hearing the petition, the person administering the estate of the deceased person must, before the end of the period of 2 days beginning on the day the order was made, give a copy of the order to the Official Receiver.

Penalty:   5 penalty units.

Note:   See also section   277B (about infringement notices).

  (4)   Subsection   (3) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

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