Public Trustee Regulations 1942

Western Australia

Public Trustees Act 1941

1.Citation and Interpretation

(1)These regulations may be cited as the Public Trustee Regulations 1942 1.

(2)In these regulations unless the contrary intention appears —

“Estate” includes trusts, estates and property which the Public Trustee as trustee, executor, administrator, guardian, next friend, committee, manager, receiver, attorney or otherwise is entitled under the Act to control, manage, administer or deal with.

[Regulation 1 inserted in Gazette 28 September 1984 p.3158.]

2.Public Trust Office

The Public Trust Office shall be situate in the city of Perth. Any premises which the Public Trustee from time to time occupies for the purpose of carrying on the business of the Public Trust Office shall be the Public Trust Office for the purpose of the Act and these regulations.

[Regulation 2 amended in Gazette 19 May 1944 p.388.]

3.Common Seal

(i)The common seal of the Public Trustee shall bear the words “The Common Seal of the Public Trustee, Western Australia.”

(ii)The common seal shall be kept in the custody of the Public Trustee, or such other officer as is authorised by him.

4.Form of claim

Every claim upon the Public Trustee shall be made in the form required by the Public Trustee.

5.Forms

The several forms in the First Schedule shall be used for the purposes to which they are respectively applicable, with such variations as may be required.

[Regulation 5 amended in Gazette 30 June 1972 p.2169.]

6.Fees

Subject to regulation 6AA the fees to be charged by the Public Trustee shall be those set out in the Second Schedule to these regulations.

[Regulation 6 inserted in Gazette 30 June 1972 p.2169; amended in Gazette 20 July 1993 p.3962.]

6AA.Certain costs payable by Public Trustee

Where the Public Trustee employs a solicitor, in accordance with section 53 of the Act, to obtain a grant of probate or grants of administration in relation to the estate of a deceased person, the Public Trustee shall —

(a)pay the solicitor’s costs to the solicitor from moneys in the estate; and

(b)reduce the fees charged under item 1(1)(a) of the Second Schedule by either —

(i)the fee charged by the solicitor for obtaining the grant; or

(ii)the fee which would have been payable to the solicitor under any relevant legal costs determination within the meaning of the Legal Practice Act 2003,

whichever is the lesser.

[Regulation 6AA inserted in Gazette 20 Jul 1993 p. 3962‑3; amended in Gazette 19 Apr 2005 p. 1298.]

6A.Allowances payable to agents

Agents of the Public Trustee may be paid an allowance for estates secured by them and administered by the Public Trustee in accordance with the following scale, such allowance to be a charge against the revenue of the Public Trustee:

Value of Estate	Allowance
Up to $100.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	Nil
Over $100.00 and not exceeding $1 000 . . . . . . . . . . . . .	$5.00
Over $1 000 and not exceeding $2 000 . . . . . . . . . . . . . .	$7.50
Over $2 000 and not exceeding $5 000 . . . . . . . . . . . . . .	$10.00
Over $5 000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	$20.00

[Regulation 6A inserted in Gazette 9 Jul 1943 p. 665; amended in Gazette 18 Aug 1978 p. 3063.]

7.Moneys to be paid to consolidated revenue

All moneys received by the Public Trustee by way of commission fees and charges shall be paid to consolidated revenue.

[8.Revoked in Gazette 12 December 1947 p.2255.]

[9.Revoked in Gazette 1 May 1969 p.1347.]

10.Public Trustee next friend of represented person

Where the Public Trustee is the administrator or joint administrator of the estate of a represented person any proceeding by the Public Trustee with respect to any property of the represented person or any property in which he is interested or for the recovery of damages for conversion of or injury to that property shall be taken in the name of the represented person by the Public Trustee as his next friend.

[Regulation 10 inserted in Gazette 20 July 1993 p.3963.]

10A.Prescribed amount — s. 45(2)

The prescribed amount referred to in section 45(2) of the Act is $500.

[Regulation 10A inserted in Gazette 5 September 1986 p.3272; amended in Gazette 6 September 1991 p.4714.]

11.Procedure

In case of doubt as to the mode of procedure to be adopted by the Public Trustee in any particular case, the procedure to be adopted shall be such as the Court directs.

First Schedule

(Reg. 5)

Form No. 1

NOTICE TO CREDITORS AND CLAIMANTS

[Heading amended in Gazette 30 June 1972 p.2169.]

In the Supreme Court of Western Australia — Probate Jurisdiction.

NOTICE is hereby given that all persons having claims or demands against the estates of the undermentioned deceased persons (orders to administer whose estates were granted to me by the said Court under the Public Trustee Act 1941) are hereby required to send particulars of such claims to me in writing on or before the day of 20 , after which date I will proceed to distribute the assets of the said deceased persons among those entitled thereto, having regard only to those claims of which I shall then have had notice.

Dated at Perth the day of 20 .

J. H. GLYNN,

Public Trustee.

Name.

Date

Death.

Date

Order.

Address.

Occupation.

_______________

Form No. 2

Public Trust Office,

Perth, . . . . . . . . . 20 . . . .

The Manager,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

re. . . . . . . . . . . . . . . . . . . . . . . . . . . . deceased.

PLEASE have the notice to creditors and claimants as shown hereunder inserted once in your next issue and forward to this office the account, with a copy of the paper in which the advertisement appears.

J. H. GLYNN,

Public Trustee,

Perth.

NOTICE TO CREDITORS AND CLAIMANTS

Re. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

late of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . deceased.

ALL persons having claims or demands against the estate of the abovenamed are required to send particulars thereof in writing to the undersigned before the

. . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . 20 . . . ., otherwise they will be excluded from participating in the distribution of the assets.

Dated this . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . 20 . . . .

J. H. GLYNN,

Public Trustee.

_______________

Form No. 3

(Section 14(1))

ELECTION BY PUBLIC TRUSTEE TO ADMINISTER AN INTESTATE ESTATE

In the Supreme Court of Western Australia — Probate Jurisdiction.

In the matter of the Estate of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . deceased, intestate.

WHEREAS the abovenamed deceased died at . . . . . . . . . . . . . . . . . . . . . . . . . on the . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . 20 . . . ., intestate, leaving estate within the State of Western Australia the gross value of which as estimated by the Public Trustee does not now exceed $10 000, and no person has taken out administration of the said estate:

AND WHEREAS the Public Trustee is entitled to an Order to administer such estate:

NOW this is to notify all whom it may concern that in pursuance of section 14(1) of the Public Trustee Act 1941, the Public Trustee hereby elects to administer such estate.

So far as now known to the Public Trustee the name, address, and occupation of the said deceased at the date of his death are as set out above and the total value of the estate is under $ . . . . . . . . . . . . . . . of which $ . . . . . . . . . . is real estate and $ . . . . . . . . . . . . . . . personal estate.

Dated this . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . 20 . . . .

Public Trustee.

_______________

Form No. 3A

(Section 14(1))

ELECTION BY THE PUBLIC TRUSTEE TO ADMINISTER A TESTATE ESTATE

In the Supreme Court of Western Australia — Probate Jurisdiction.

In the matter of the Will of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

WHEREAS the abovenamed . . . . . . . . . . . . . . . deceased died at . . . . . . . . . . . . on the . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . 20 . . . . leaving estate within the State of Western Australia the gross value of which as estimated by the Public Trustee does not exceed $10 000 and no person has taken out probate or administration of the said estate in Western Australia.

AND WHEREAS the said deceased made . . . . . . . . . . . . . . . . . . . . last Will and Testament bearing date the . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . 20 . . . .; a certified copy of the Will is hereunto annexed and signed by the Public Trustee.

AND WHEREAS the Public Trustee is entitled to a Grant of Probate of the Will of the said deceased.

NOW this is to notify all whom it may concern that in pursuance of section 14(1) of the Public Trustee Act 1941 the Public Trustee hereby elects to administer with the Will the estate of the said deceased.

SO far as now known to the Public Trustee the name address and occupation of the said deceased at the date of death are set out above and the total value of the said estate is . . . . . . . . . . . . . . . of which . . . . . . . . . . . . . . . . . . is real estate and . . . . . . . . . . . . . . . is personal estate.

DATED this . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . 20 . . . .

Public Trustee.

_______________

Form No. 3B

ELECTION BY THE PUBLIC TRUSTEE TO ADMINISTER A TESTATE ESTATE

In the Supreme Court of Western Australia — Probate Jurisdiction.

In the matter of the Will and Estate of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

WHEREAS the abovenamed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . deceased died at . . . . . . . . . . . . . on the . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . 20 . . . . leaving estate within the State of Western Australia the gross value of which as estimated by the Public Trustee does not now exceed $10 000 and no person has taken out probate or administration of the said estate in Western Australia.

AND WHEREAS the Public Trustee is entitled to an Order to Administer with the Will the estate of the said deceased.

SO far as now known to the Public Trustee the name address and occupation of the said deceased at the date of death are set out above and the total value of the said estate is . . . . . . . . . . . . . . . . . of which . . . . . . . . . . . . . . . . is real estate and . . . . . . . . . . . . . . . is personal estate.

DATED this . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . 20 . . . .

Public Trustee.

_______________

Form No. 4

MEMORANDUM REVOKING AN ELECTION
BY THE PUBLIC TRUSTEE

In the Supreme Court of Western Australia — Probate Jurisdiction.

In the matter of the Estate of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., deceased.

WITH reference to the election by the Public Trustee, filed in this Honourable Court in this matter on the . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . 20 . . . ., the Public Trustee now finds that the gross value of the property to be administered exceeds the sum of $10 000 (or that the deceased died possessed of property outside the State) and the said election is hereby revoked.

DATED the . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . 20 . . . .

Public Trustee.

_______________

Form No. 5

(Section 59)

CERTIFICATE OF APPOINTMENT (OR AUTHORITY) OF THE PUBLIC TRUSTEE

In the matter of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THE Public Trustee hereby certifies that his appointment (or authority, as the case may be) in relation to the abovementioned
in course of administration is (here set out the nature of the appointment or authority and the facts on the happening of which such authority was made or granted).

Dated the . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . 20 . . . .

Public Trustee.

[SEAL.]

_______________

[Form No. 6 deleted in Gazette 18 August 1978 p.3064.]

Form No. 7

(Section 44(6))

CERTIFICATE OF AMOUNT OF ADVANCE FROM
COMMON FUND

THE Public Trustee hereby certifies that the amount owing by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for advances out of the Public Trustee Common Fund and interest thereon at the . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . 20 . . . . is . . . . . . . . . . . . . . . dollars . . . . . . . . . . . . . . . cents.

Dated the . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . 20 . . . .

Public Trustee.

[SEAL.]

[First Schedule amended in Gazette 18 August 1978 pp.3063‑4.]

Second Schedule

Public Trustee’s Fees

(1)Subject to this item the following fees shall be charged in respect of the duties and services of the Public Trustee, acting alone or jointly, with respect to the estate of a deceased person (in addition to all moneys properly expended in respect of the estate) —

(a)as to the gross capital value of an estate —

(i)where that value does not exceed $300, $33;

(ii)where that value exceeds $300 but does not exceed $2 000, 11% of that value;

(iii)where that value exceeds $2 000, according to the scale — 4.4% on the first $200 000 of that value, subject to a minimum of $200;

3.3% on the next $200 000 of that value;

2.2% on the next $200 000 of that value; and

1.1% on the amount in excess of $600 000 of that value;

(b)as to the income of any estate —

(i)in relation to income derived from rent —

(I)where the rent is collected by the Public Trustee without an agent, such amount as expressed as a percentage or otherwise under the scale adopted by the body known as the Real Estate Institute of Western Australia;

(II)where the rent is collected through an agent who is employed and paid a commission by the Public Trustee, such amount as equals 2.75% of that income;

(ii)in relation to income derived from sources other than rent —

(I)where the income is collected by the Public Trustee without an agent, 6.6% of that income;

(II)where the income is collected through an agent who is employed and paid a commission by the Public Trustee, such amount as equals 2.75% of that income.

(1a)The fees to be charged under subitem (1)(a) shall be reduced in accordance with the following provisions —

(a)where the estate includes —

(i)a residential property that was the principal place of residence of the deceased person; or

(ii)an interest as a tenant in common in a residential property of the kind described in subparagraph (i),

and that asset is transferred to the spouse, de facto partner or a child (within the meaning of the Inheritance (Family and Dependants Provision) Act 1972) of the deceased person, the fee payable on that part of the estate is 1.1% of the gross capital value of that asset;

(b)where any property in an estate is an asset in another estate administered by the Public Trustee and in respect of which the appropriate fee in this Schedule has already been paid the fee payable shall be 1.65% of the gross capital value of the asset;

(c)where the property in an estate consists of the proceeds of an asset which the Public Trustee receives as principal administrator from outside the State of Western Australia the fee payable shall be 1.65% of those proceeds; and

(d)where the estate includes a lump sum payment, which is paid directly to the Public Trustee by the trustees of a superannuation fund, the fee payable on the part of the estate consisting of the lump sum payment shall be 1.65%.

(1b)In subitem (1a)(a) the reference to the spouse or de facto partner of the deceased person means a person who was the spouse or de facto partner of the person immediately before the person’s death.

(2)In time of war no fees shall be charged under this item on the estate of any deceased seaman or any member of the Defence Forces as constituted under the Defence Act 1903 of the Parliament of the Commonwealth and any Act amending or in substitution for that Act where the gross value of the assets of the estate does not exceed $5 000, but where the gross value of the estate exceeds $5 000 —

(a)there shall be charged on so much of the gross value of the estate as exceeds $5 000 but does not exceed $10 000, one‑half of the fee chargeable under subitem (1); and

(b)there shall be charged on so much of the gross value of the estate as exceeds $10 000, the fees chargeable under subitem (1).

(1)Subject to this item, the fee payable on the gross capital value of assets realised or moneys collected by the Public Trustee in relation to the estate of a represented person is 4.4% of that value.

(1a)Where the assets realised by the Public Trustee include the principal place of residence of the represented person, the fee payable in respect of that asset is 2.2% of its gross capital value.

(1b)The fee prescribed under subitem (1) does not apply to moneys withdrawn by the Public Trustee from a cheque account or savings account held with a bank or other financial institution.

(2)Where the estate is that of an incapacitated member of the Defence Forces as constituted under the Defence Act 1903 of the Parliament of the Commonwealth and any Act amending or in substitution for that Act and the incapacity has been accepted by the prescribed authority under the Repatriation Act 1920 of the Parliament of the Commonwealth and any Act amending or in substitution for that Act as the result of war service, the fees payable under this item shall be reduced by half.

On moneys received for investment under section 37(1) of the Act (other than moneys paid into court by a party to an action or proceedings), the fee chargeable is 1.25% of the amount of those moneys.

3A.Fee payable in respect of investment outside Common Fund

(1)Subject to subitem (2), on income earned, or on a distribution to an estate, from an investment outside the Common Fund under section 37(1) of the Act, the fee payable is 6.6% of the income earned or amount distributed, as the case may be.

(2)The fee prescribed under subitem (1) does not apply to any capital gain resulting from the realisation of an investment referred to in that subitem.

3B.Fee payable for administration of certain trusts

Where the Public Trustee has completed duties as the executor or administrator of an estate but continues to hold assets of the estate as trustee (including as trustee of a perpetual charitable trust), the fee payable for work performed in connection with the administration of the trust is $110 per hour (or part of an hour).

4.Fees payable on income received

(1)Subject to subitem (2), the fees payable on income received by the Public Trustee in respect of any fund or property held by the Public Trustee, alone or jointly, are the same as the fees referred to in item 1(1)(b).

(2)The fee payable on income consisting of receipts of pensions or benefits in respect of unemployment, age, sickness, invalidity or war service received by the Public Trustee in respect of any fund held by the Public Trustee, alone or jointly, is 3.3% of the amount received, where the fund has a balance of $2 000 or more or the person on whose behalf the fund is held has other funds or investments with a total value of $2 000 or more.

Where the Public Trustee acts as agent or attorney his fee or charge shall be as is agreed on, and in the absence of agreements, shall be 3.85% on the gross proceeds of the assets realised and 6.6% on the income received except that in respect of rental received by the Public Trustee the fee shall be as fixed from time to time by the body known as the Real Estate Institute of Western Australia.

In any estate or trust where it is considered desirable to —

(a)purchase a dwelling house; or

(b)purchase vacant land and construct a dwelling house on that land,

for the use of any beneficiary under the estate or trust, the Public Trustee in arranging the purchase or the purchase and construction, as the case may be, is entitled to a fee of 1.1% of the sum of the values of —

(c)the dwelling house purchased or constructed; and

(d)the land on which that dwelling house is situated,

in addition to any expenses incurred in connection with the purchase or the purchase and construction.

When the Public Trustee administers the estate of a deceased person moneys properly expended in respect of the estate shall include a charge to cover postages and stationery in accordance with the following scale —

On estates not exceeding $10 000 in gross value . . . . . . .	$27.50
On estates exceeding $10 000 in gross value . . . . . . . . . .	$55

The remuneration of advisory trustees shall, subject to any provisions of the trust instrument, be such as is fixed for each estate by the Public Trustee with the concurrence of the advisory trustees or, if they do not agree, such as is fixed by the Minister.

For any matter or service not in this Schedule provided for, the fees of the Public Trustee shall be such as are agreed or in the absence of agreement such as are fixed by the Public Trustee.

9A.Fees payable in respect of frozen or confiscated property under the Criminal Property Confiscation Act 2000

The fees payable to the Public Trustee for performing functions under the Criminal Property Confiscation Act 2000 in relation to frozen or confiscated property where the gross capital value of the property exceeds $2 000 are as follows —

(a)an amount calculated at the rate of $113 for each hour (or part of an hour) of work performed in relation to the property, other than work connected with the disposal of the property; and

(b)where the Public Trustee disposes of the property, an amount equal to 2.75% of the gross amount realised on the disposal of the property.

9B.Fees payable to the Public Trustee for examination of accounts

(1)In this item —

“value” means the gross capital value of the estate at the date of the examination.

(2)The fees specified in the Table to this subitem are payable to the Public Trustee for the annual examination of the accounts of the estate of a represented person.

Table

Value of estate	Fee
$	$
1 000 — 10 000	22
10 001 — 20 000	55
20 001 upwards	66 per hour (or part thereof) spent examining the accounts

9C.Fee payable for management of represented person’s estate

(1)In this item, unless the contrary intention appears —

“value” means gross capital value on 30 June in the financial year in respect of which the fee is payable.

(2)Subject to subitems (3) and (4), the annual fee payable to the Public Trustee for management of the estate of a represented person is the amount specified in the Table to this subitem corresponding to the value of those assets of the estate that are under the day to day care of the Public Trustee.

Table

Value of estate $	Fee $
Not more than 5 000	55
5 001 to 15 000	110
15 001 to 25 000	165
25 001 to 50 000	220
50 001 to 100 000	330
100 001 to 500 000	550
500 001 to 1 000 000	1 100
More than 1 000 000	2 750

(3)The annual fee referred to in subitem (2) is to be calculated on a pro rata basis for the first financial year in respect of which the fee is payable, unless administration of the estate commences on 1 July in that year.

(4)If the Public Trustee ceases to administer the estate of a represented person on a day other than 30 June in a particular financial year —

(a)the annual fee referred to in subitem (2) is to be calculated on a pro rata basis for that year; and

(b)for that purpose the value of the assets referred to in subitem (2) is their gross capital value on the day on which administration of the estate ceases.

9D.Fee payable for work done in relation to orders made under the Guardianship and Administration Act 1990

The fees calculated in accordance with the Table to this item are payable to the Public Trustee for work done in order to comply with an order made under the Guardianship and Administration Act 1990 in respect of an estate, where the Public Trustee is not an executor, trustee or administrator of the estate.

Table

Officer carrying out work	Fee
Clerical officer	$77 per hour (or part thereof)
Professional officer	$110 per hour (or part thereof)

9E.Next of kin searches

(1)Subject to subitem (2), the fee payable to the Public Trustee in respect of work done for the purpose of establishing the next of kin of a deceased person is to be calculated at the rate of $20 for every search of records conducted, or certificate, certified copy or other document obtained, whether in this State or elsewhere.

(2)The minimum fee payable under this item is $200.

9F.Fee payable for site visits

A fee of $27.50 per visit is payable to the Public Trustee where it is necessary in managing an estate to visit any property or building that is part of the estate.

9G.Fees payable for certain services

The following fees are payable to the Public Trustee for services provided in the management of an estate —

(a)$110 per hour (or part of an hour) for the preparation of a tax return by an officer who is a registered tax agent under the Income Tax Assessment Act 1936 of the Commonwealth;

(b)$110 for the arrangement of a lease in respect of land or premises that form part of the estate.

10.

This Schedule is subject to section 38.

[Second Schedule inserted in Gazette 30 June 1972 pp.2169‑70; amended in Gazette 28 December 1973 p.4747; 18 August 1978 pp.3064‑5; 23 May 1980 p.1551; 28 September 1984 p.3158; 31 October 1986 p.4040; 24 February 1989 p.593; 6 October 1989 pp.3726‑7; 6 September 1991 p.4715; 17 March 1992 p.1227; 20 July 1993 pp.3963‑4; 21 April 1995 pp.1404‑5; 11 March 1997 pp.1480‑3; 30 June 2000 pp.3429‑31; 29 December 2000 pp.7927-9; 12 October 2001 p. 5563; 17 Jan 2003 p. 115; 8 June 2004 pp.1977‑8.]

Notes

1This is a compilation of the Public Trustee Regulations 1942 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation	Gazettal	Commencement
Public Trustee Regulations 1942	26 Jun 1942 pp.692‑5	26 Jun 1942
	20 Nov 1942 p.388	20 Nov 1942
	9 Jul 1943 p.655	9 Jul 1943
	19 May 1944 p.388	19 May 1944
	12 Dec 1947 p.2255	12 Dec 1947
	1 May 1969 p.1347	1 May 1969
	30 Jun 1972 p.2169	30 Jun 1972
	28 Dec 1973 p.4747	1 Jan 1974 (see regulation 2)
	18 Aug 1978 pp.3063-5	18 Aug 1978
	17 Jan 1979 pp.103‑10	17 Jan 1979
	23 May 1980 pp.1551‑2	23 May 1980
Public Trustee Amendment Regulations 1984	28 Sep 1984 p.3158	1 Oct 1984 (see regulation 2)
Public Trustee Amendment Regulations 1986	5 Sep 1986 pp.3271‑2	5 Sep 1986 (see regulation 2 and Gazette 5 Sep 1986 p.3265)
Public Trustee Amendment Regulations (No. 2) 1986	31 Oct 1986 pp.4039‑40	31 Oct 1986
Public Trustee Amendment Regulations 1989	24 Feb 1989 p.593	24 Feb 1989
Public Trustee Amendment Regulations (No. 2) 1989	6 Oct 1989 pp.3726‑7	6 Oct 1989
Public Trustee Amendment Regulations 1991	6 Sep 1991 pp.4714‑5	6 Sep 1991
Public Trustee Amendment Regulations 1992	17 Mar 1992 pp.1226‑7	17 Mar 1992
Public Trustee Amendment Regulations 1993	20 Jul 1993 pp.3962‑4	20 Jul 1993
Public Trustee Amendment Regulations 1995	21 Apr 1995 pp.1403‑5	21 Apr 1995
Public Trustee Amendment Regulations 1997	11 Mar 1997 pp.1480‑3	11 Mar 1997
Public Trustee Amendment Regulations 2000	30 Jun 2000 pp.3429-31	1 Jul 2000 (see regulation 2)
Public Trustee (Amendment) Regulations (No. 2) 2000 2	29 Dec 2000 pp.7927-8	1 Jan 2001 (see regulation 2 and Gazette 29 Dec 2000 p.7903)
Public Trustee Amendment Regulations (No. 3) 2000	29 Dec 2000 pp.7928-9	1 Jan 2001 (see regulation 2)
Public Trustee Amendment Regulations 2001	12 Oct 2001 p. 5563	12 Oct 2001
Public Trustee Amendment Regulations 2002	17 Jan 2003 p. 115	17 Jan 2003
Public Trustee Amendment Regulations 2004	8 Jun 2004 p. 1977-8	8 Jun 2004
Courts and Legal Practice (Consequential Amendments) Regulations 2005 r. 10	19 Apr 2005 p. 1294‑302	19 Apr 2005

2Regulation 5 of the Public Trustee (Amendment) Regulations (No. 2) 2000 reads as follows —

“

5.Fees payable — savings

Despite the amendment effected by regulation 4, the Public Trustee Regulations 1942 as in force before the commencement of these regulations continue to apply after that commencement in relation to —

(a)property that was in the Public Trustee’s control under the Crimes (Confiscation of Profits) Act 1988 immediately before the commencement of these regulations; and

(b)property of which the Public Trustee has care or control under the Crimes (Confiscation of Profits) Act 1988 as a result of the operation of the Criminal Property Confiscation (Consequential Provisions) Act 2000.

”.