{"id":"a-1985-65","name":"Perpetuities and Accumulations Act 1985","slug":"perpetuities-and-accumulations-act-1985","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"65 of 1985","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24037,"registerId":"act-a-1985-65-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Perpetuities and Accumulations Act 1985","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPerpetuities and Accumulations\nAct 1985\nA1985-65\nRepublication No 7\nEffective: 1 May 2017\nRepublication date: 1 May 2017\nLast amendment made by A2017-8\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Perpetuities and Accumulations Act 1985 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n1 May 2017. It also includes any commencement, amendment, repeal or expiry affecting this\nrepublished law to 1 May 2017.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $150 for\nan individual and $750 for a corporation (see Legislation Act 2001, s 133).\n\nR7\n01/05/17\nPerpetuities and Accumulations Act 1985\nEffective: 01/05/17\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPerpetuities and Accumulations\nAct 1985\nContents\nPage\n1 Name of Act 2\n2 Dictionary 2\n2A Notes 2\n3 Application of Act 2\n4 Application of Act to Territory 3\n5 Time of effect of will 3\n6 Member of class 3\n7 Powers of appointment 4\n8 Perpetuity period 4\n9 Wait and see 5\n10 Reduction of age and exclusion of class members 6\n11 Death of potential class member 7\n12 Administrative power of trustees 8\n13 Remuneration of trustees 8\n\nContents\nPage\ncontents 2 Perpetuities and Accumulations Act 1985\nEffective: 01/05/17\nR7\n01/05/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Superannuation and other funds 9\n15 Determinable interests 10\n16 Options 11\n17 Trusts for purposes which are not charitable 11\n18 Dependent interests 12\n19 Accumulation of income 12\n20 Savings and transitional provisions 13\nDictionary 14\nEndnotes\n1 About the endnotes 16\n2 Abbreviation key 16\n3 Legislation history 17\n4 Amendment history 19\n5 Earlier republications 20\n\nR7\n01/05/17\nPerpetuities and Accumulations Act 1985\nEffective: 01/05/17\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPerpetuities and Accumulations\nAct 1985\nAn Act to effect reforms in the rules of law relating to perpetuities and\naccumulations\n\nSection 1\npage 2 Perpetuities and Accumulations Act 1985\nEffective: 01/05/17\nR7\n01/05/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Perpetuities and Accumulations Act 1985.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms\ndefined elsewhere.\nFor example, the signpost definition ‘trustee—see the Trustee Act 1925,\ndictionary.’ means that the term ‘trustee’ is defined in that dictionary\nand the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n3 Application of Act\n(1) Except as provided by sections 12, 13 and 14, this Act does not\napply in relation to a settlement taking effect before the\ncommencement date.\n(2) This Act applies in relation to a settlement exercising a power of\nappointment, whether general or special, and taking effect on or\nafter the commencement date, whether or not it applies in relation to\nthe settlement creating the power of appointment.\n(3) For subsection (2), a gift over in default of an appointment under a\npower, whether general or special, shall be treated as a settlement\nexercising a power of appointment.\n\nSection 4\nR7\n01/05/17\nPerpetuities and Accumulations Act 1985\nEffective: 01/05/17\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Where a provision of a will executed before the commencement\ndate but taking effect on or after that date creates an interest—\n(a) if that provision would not have infringed the rule against\nperpetuities if this Act had not been made—the provision shall\ntake effect as if this Act had not been made; or\n(b) if that provision would have infringed the rule against\nperpetuities if this Act had not been made—this Act applies to\nthe provision.\n4 Application of Act to Territory\n(1) The rule against perpetuities and the rule against perpetual trusts\nbind the Territory.\n(2) However, nothing in the rule against perpetuities, in the rule against\nperpetual trusts or in this Act affects any settlement made by the\nTerritory.\n(3) Subsection (1) has effect except so far as another Territory law\notherwise provides.\n(4) Subsection (2) has effect despite the Legislation Act 2001,\nsection 121 (Binding effect of Acts).\n5 Time of effect of will\nFor this Act, a will shall, in relation to a disposition contained in it,\nbe deemed to take effect on the death of the testator.\n6 Member of class\nFor this Act, a person shall be treated as a member of a class if in\nthe person’s case each and every condition identifying a member of\nthe class is satisfied.\n\nSection 7\npage 4 Perpetuities and Accumulations Act 1985\nEffective: 01/05/17\nR7\n01/05/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Powers of appointment\n(1) For the purposes of the rule against perpetuities, a power of\nappointment shall be treated as a special power unless—\n(a) in the settlement creating the power it is expressed to be\nexercisable by 1 person only; and\n(b) the power could at all times during its currency when that\nperson is of full age and capacity be exercised immediately by\nhim or her to transfer to, or otherwise vest in, himself or herself\nthe whole of the interest governed by the power without the\nconsent of any person or compliance with any other condition,\nnot being a formal condition relating only to the mode of the\nexercise of the power.\n(2) Notwithstanding subsection (1), a power of appointment that would,\nbut for the fact that it was made exercisable only by will, have been\na general power shall be treated as a general power for the purpose\nof determining whether an appointment under the power infringes\nthe rule against perpetuities.\n(3) For this section, an authority shall be taken to be unconditional\nnotwithstanding any formal condition relating to the mode of\nexercise of the power.\n8 Perpetuity period\n(1) For the purposes of the rule against perpetuities, the perpetuity\nperiod applicable to an interest created by a settlement shall, subject\nto this section, be 80 years from the date on which the settlement\ntakes effect.\n(2) Where an appointment of an interest is made under a special power\nof appointment, the perpetuity period shall be reckoned from the\ndate on which the settlement creating the power takes effect.\n\nSection 9\nR7\n01/05/17\nPerpetuities and Accumulations Act 1985\nEffective: 01/05/17\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Where a child who is en ventre sa mère at the time when the\nperpetuity period applicable to an interest created by a settlement\nwould, but for this subsection, have expired would, if that child had\nbeen born before that time, have taken that interest, that perpetuity\nperiod shall be extended until—\n(a) the expiry of the date on which the child is born; or\n(b) it becomes apparent that the child will not be born;\nas the case requires.\n(4) Subsection (3) does not apply unless, before the expiry of the\nperpetuity period that would, but for that subsection, be applicable\nto the interest created by the relevant settlement, the trustees under\nthat settlement have received notice, supported by a certificate\nsigned by a duly qualified medical practitioner who has examined\nthe woman carrying the child in question, that the child is en ventre\nsa mère.\n9 Wait and see\n(1) Where a provision of a settlement which creates an interest would,\nbut for this section or this section and section 10, infringe the rule\nagainst perpetuities, the interest shall be treated, until such time (if\nany) as it becomes certain that, notwithstanding section 10, it must\nvest, if at all, after the end of the perpetuity period, as if the\nprovision did not infringe that rule, and its so becoming certain does\nnot affect the validity of any thing previously done in relation to the\ninterest.\n(2) Where a provision of a settlement which creates an interest\nconsisting of the conferring of a general power of appointment\nwould, but for this section or this section and section 10, infringe the\nrule against perpetuities, the interest shall be treated, until such time\n(if any) as it becomes certain that, notwithstanding section 10, the\npower will not be exercisable within the perpetuity period, as if the\nprovision did not infringe that rule.\n\nSection 10\npage 6 Perpetuities and Accumulations Act 1985\nEffective: 01/05/17\nR7\n01/05/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Where a provision of a settlement which creates an interest\nconsisting of the conferring of any power or right (except a general\npower of appointment) would, but for this section or this section and\nsection 10, infringe the rule against perpetuities, the interest shall be\ntreated as regards any exercise of the power or right within the\nperpetuity period as if the provision did not infringe that rule, and\nthe provision shall be treated as infringing that rule only if and so far\nas the power or right is not fully exercised within the perpetuity\nperiod.\n10 Reduction of age and exclusion of class members\n(1) Where—\n(a) a provision of a settlement creates an interest and the vesting of\nthe interest depends on the attainment by a person of a\nspecified age or by persons of respective specified ages; and\n(b) immediately before the expiration of the perpetuity period\napplicable to that interest—\n(i) that person has not attained the specified age, or any of\nthose persons has not attained the age specified in relation\nto that person, as the case may be; and\n(ii) the interest has not vested; and\n(c) the provision is, by reason of the operation of section 9, to be\ntreated as if it did not infringe the rule against perpetuities;\nthe interest shall, for all purposes, be treated as if its vesting\ndepended on the attainment by the person, or each of the persons\nreferred to in paragraph (b) (i), as the case requires, of the age that\nhe or she has attained immediately before the expiration of that\nperpetuity period.\n\nSection 11\nR7\n01/05/17\nPerpetuities and Accumulations Act 1985\nEffective: 01/05/17\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Where an interest to which subsection (1) applies is ulterior to any\nother interest created by the settlement, that other interest shall not\nbe defeated or otherwise adversely affected by the operation of\nsubsection (1).\n(3) Subject to section 11, where—\n(a) a provision of a settlement creates an interest which is to be\ntaken by a class of persons; and\n(b) immediately before the expiry of the perpetuity period\napplicable to that interest—\n(i) the interest has not vested; and\n(ii) there is a person who is, or there are persons each of\nwhom is, a member of that class (whether under the\noperation of subsection (1) or otherwise); and\n(iii) the provision is, by reason only of the operation of section\n9, to be treated as if it did not infringe the rule against\nperpetuities;\nin relation to that interest, that class shall be taken to comprise only\nthat person or those persons.\n(4) Where this section has effect in relation to a provision, the operation\nof this section does not affect the validity of any thing previously\ndone in relation to the interest created by the provision.\n11 Death of potential class member\nWhere—\n(a) section 10 (1) applies to an interest that is to be taken by a class\nof persons; and\n\nSection 12\npage 8 Perpetuities and Accumulations Act 1985\nEffective: 01/05/17\nR7\n01/05/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a person would have been a member, or persons would have\nbeen members, of that class (whether under the operation of\nsection 10 (1) or otherwise) if that person or those persons had\nsurvived to the expiry of the perpetuity period applicable to\nthat interest; and\n(c) that person has, or those persons have, any children who\nsurvive to the expiry of that perpetuity period;\nthose children will take, per stirpes, the interest that their parent, or\nthe respective interests that their parents, would have taken had that\nparent or those parents survived to the expiry of that perpetuity\nperiod.\n12 Administrative power of trustees\n(1) The rule against perpetuities does not invalidate an administrative\npower in relation to trust property during the subsistence of a\nbeneficial interest in the trust property.\n(2) This section applies to an administrative power taking effect, and to\nany exercise of an administrative power, before, on or after the\ncommencement date.\n(3) In this section:\nadministrative power means any power of a trustee other than a\npower to appoint, pay, transfer, advance, apply, distribute or\notherwise deal with trust property in or towards satisfaction of the\ninterest of a beneficiary under the trust or in or towards satisfaction\nof a purpose of the trust.\n13 Remuneration of trustees\n(1) The rule against perpetuities does not invalidate a power or other\nprovision for remunerating a trustee for the trustee’s services.\n(2) This section applies to a power or other provision for remunerating a\ntrustee taking effect before, on or after the commencement date.\n\nSection 14\nR7\n01/05/17\nPerpetuities and Accumulations Act 1985\nEffective: 01/05/17\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Superannuation and other funds\n(1) The rule against perpetuities does not invalidate a fund established\nby a settlement for the benefit of—\n(a) employees; or\n(b) self-employed persons; or\n(c) domestic partners, children, grandchildren, parents, dependants\nor legal personal representatives of employees or self-\nemployed persons; or\nNote For the meaning of domestic partner, see Legislation Act, s 169.\n(d) persons duly selected or nominated for that purpose by\nemployees or self-employed persons pursuant to the provisions\nof the settlement.\n(2) This section applies to settlements taking effect before, on or after\nthe commencement date.\n(3) In this section:\nemployees includes directors, officers, servants and employees of\nany employer.\nfund means a provident, superannuation, sick, accident, assurance,\nunemployment, pension or co-operative benefit fund, scheme,\narrangement or provision or other like fund, scheme, arrangement or\nprovision.\nself-employed persons includes persons engaged on their own\nbehalf in any lawful profession, trade, occupation or calling.\n\nSection 15\npage 10 Perpetuities and Accumulations Act 1985\nEffective: 01/05/17\nR7\n01/05/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n15 Determinable interests\n(1) The rule against perpetuities operates to render invalid the provision\nfor determination of a determinable interest in the same manner as\nthe rule would operate to render invalid a condition subsequent in a\nsettlement for defeasance of the determinable interest on the same\ncontingency, and where that rule does so operate—\n(a) the determinable interest shall not be so determinable; and\n(b) a subsequent interest not itself rendered invalid by that rule\nshall be postponed or defeated to the extent necessary to allow\nthe determinable interest to have effect free from the provision\nfor determination.\n(2) For this section, an interest created by, or a provision of, an\nappointment or other exercise of a power in a settlement (except a\ngeneral power of appointment) shall be treated as an interest created\nby, or a provision of, the settlement.\n(3) Notwithstanding subsection (1), the rule against perpetuities shall\nnot apply to—\n(a) a gift over from 1 charity to another; or\n(b) any provision for the determination of a lease for breach of a\ncovenant or condition of the lease.\n(4) In this section:\ndeterminable interest means an interest created by a settlement,\nbeing an interest which is, by a provision of the settlement,\ndeterminable on a contingency.\nsubsequent interest, in relation to a determinable interest means an\ninterest, whether vested or contingent—\n(a) created by the settlement, or remaining undisposed of by the\nsettlement, or taking effect by way of reverter, resulting trust,\nresiduary gift or otherwise on a possibility arising under the\nsettlement; and\n\nSection 16\nR7\n01/05/17\nPerpetuities and Accumulations Act 1985\nEffective: 01/05/17\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) as regards which the determinable interest is a prior interest.\n16 Options\n(1) The rule against perpetuities does not apply to—\n(a) any option to renew a lease; or\n(b) an option to acquire for valuable consideration a reversionary\ninterest in the property comprised in a lease if the option is\nexercisable only—\n(i) by the lessee or the lessee’s successors in title; and\n(ii) during the currency of the lease.\n(2) Where the rule against perpetuities operates to render invalid an\noption, no action lies, in contract or otherwise, for giving effect to it\nor making restitution for its lack of effect.\n17 Trusts for purposes which are not charitable\n(1) Except as provided by this section, this Act shall not affect the\noperation of the rule against perpetual trusts.\n(2) Where, by a settlement, there is a disposition for a purpose, the\nperpetuity period applicable to the disposition shall, for the purposes\nof the rule against perpetual trusts, be 80 years from the date on\nwhich the settlement takes effect.\n(3) Where—\n(a) by a settlement, a disposition creates a trust for a purpose; and\n(b) the trust would, but for this section, infringe the rule against\nperpetual trusts; and\n\nSection 18\npage 12 Perpetuities and Accumulations Act 1985\nEffective: 01/05/17\nR7\n01/05/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the term of the trust is determined by reference to the\noccurrence or nonoccurrence of a contingency or contingencies\nspecified in the settlement;\nthe trust shall be treated as if it did not infringe the rule until such\ntime as it becomes certain that, by reason of the occurrence or\nnonoccurrence of such a contingency, the term of the trust specified\nin the settlement will exceed the perpetuity period, and its so\nbecoming certain does not affect the validity of anything previously\ndone in relation to the trust.\n(4) This section does not apply to a disposition for a purpose which is\ncharitable.\n18 Dependent interests\n(1) Where a provision of a settlement creates an interest, the provision\nis not rendered invalid by the rule against perpetuities or the rule\nagainst perpetual trusts by reason only that the interest is ulterior to\nand dependent upon an interest which is so invalid.\n(2) Where a provision of a settlement creates an interest which is\nulterior to another interest and the other interest is rendered invalid\nby the rule against perpetuities or the rule against perpetual trusts,\nthe acceleration of the vesting of the ulterior interest shall not be\naffected by reason only that the other interest is so invalid.\n19 Accumulation of income\n(1) Where property is disposed of in such a manner that the income of\nthe property may be or is directed to be accumulated wholly or in\npart, the power or direction to accumulate that income is valid if the\ndisposition of the accumulated income is, or may be, valid, but not\notherwise.\n\nSection 20\nR7\n01/05/17\nPerpetuities and Accumulations Act 1985\nEffective: 01/05/17\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) This section does not affect the power of any person to terminate an\naccumulation that is for the person’s benefit, or any jurisdiction or\npower of a court to maintain or advance out of accumulations, or\nany power of a trustee under any law in force in the ACT or under\nany settlement.\n20 Savings and transitional provisions\n(1) Section 13 does not affect any rights arising under a judgment or an\norder which took effect before the commencement date or arising\nunder any agreement made before that date.\n(2) Notwithstanding section 21, the provisions of the Act referred to in\nthat section continue to apply in relation to a settlement that took\neffect before the commencement date.\n\nDictionary\npage 14 Perpetuities and Accumulations Act 1985\nEffective: 01/05/17\nR7\n01/05/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n ACT\n exercise\n interest\n the Territory.\ncommencement date means the date of commencement of this Act.\ndisposition includes—\n(a) the conferring or exercising of a power of appointment or any\nother power or authority to dispose of property; and\n(b) any alienation of property.\npower of appointment includes any discretionary power to make a\ndisposition.\nproperty includes any interest in real or personal property and any\nthing in action.\nsettlement includes—\n(a) a will; and\n(b) an instrument, testamentary or otherwise, exercising a power of\nappointment, whether general or special; and\n(c) any other instrument, transaction or dealing whereby a person\nmakes a disposition;\nbut does not include a law in force in the ACT.\nthe rule against perpetual trusts means the common law rule that\ninvalidates a trust for a purpose which is not charitable where the\nduration of the trust, if it were valid, would or might exceed the\nperpetuity period.\n\nDictionary\nR7\n01/05/17\nPerpetuities and Accumulations Act 1985\nEffective: 01/05/17\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ntrust—see the Trustee Act 1925, section 4.\ntrustee—see the Trustee Act 1925, dictionary.\nwill includes a codicil.\n\nEndnotes\n1 About the endnotes\npage 16 Perpetuities and Accumulations Act 1985\nEffective: 01/05/17\nR7\n01/05/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR7\n01/05/17\nPerpetuities and Accumulations Act 1985\nEffective: 01/05/17\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Perpetuities and\nAccumulations Ordinance 1985 Ord1985-65 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,\ns 5 on 11 May 1989 (self-government day).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),\ns 12).\nCommonwealth legislation\nPerpetuities and Accumulations Act 1985 A1985-65\nnotified 19 December 1985\ncommenced 19 December 1985\nas amended by\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No\nS164)\nLegislation after becoming Territory enactment\nActs Revision (Position of Crown) Act 1993 A1993-44 sch 1\nnotified 27 August 1993 (Gaz 1993 No S165)\nsch 1 commenced 27 August 1993 (s 2)\n\nEndnotes\n3 Legislation history\npage 18 Perpetuities and Accumulations Act 1985\nEffective: 01/05/17\nR7\n01/05/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 280\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 280 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.40\nnotified 5 September 2001 (Gaz 2001 No S65)\ncommenced 5 September 2001 (s 2 (1))\nLegislation Amendment Act 2002 A2002-11 pt 2.37\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.37 commenced 28 May 2002 (s 2 (1))\nLegislation (Gay, Lesbian and Transgender) Amendment Act 2003\nA2003-14 sch 1 pt 1.27\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nsch 1 pt 1.27 commenced 28 March 2003 (s 2)\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.24\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.24 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth Gaz\n2006 No S93)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.75\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.75 commenced 12 April 2007 (s 2 (1))\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.20\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.20 commenced 19 May 2008 (s 2 and CN2008-8)\nCo-operatives National Law (ACT) Act 2017 A2017-8 sch 2 pt 2.5\nnotified LR 4 April 2017\ns 1, s 2 commenced 4 April 2017 (LA s 75 (1))\nsch 2 pt 2.5 commenced 1 May 2017 (s 2)\n\nEndnotes\nAmendment history 4\nR7\n01/05/17\nPerpetuities and Accumulations Act 1985\nEffective: 01/05/17\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 A2007-3 amdt 3.402\nDictionary\ns 2 defs reloc to dict A2007-3 amdt 3.404\nsub A2007-3 amdt 3.405\ndef interest om A2007-3 amdt 3.403\nNotes\ns 2A ins A2007-3 amdt 3.405\nApplication of Act to Territory\ns 4 am A1993-44 sch 1\nsub A2002-11 amdt 2.77\nSuperannuation and other funds\ns 14 am A2003-14 amdt 1.86, amdt 1.87; A2006-22 amdt 1.104\n(A2006-22 rep before commenced by disallowance (see\nCwlth Gaz 2006 No S93)); A2008-14 amdt 1.72; A2017-8\namdt 2.6\nRepeal\ns 21 om A2001-44 amdt 1.3119\nTrustee Act 1957—amendment\ns 22 om A2001-56 amdt 3.465 (see also A2001-44 amdt 1.3119)\nSeat of Government (Administration) Ordinance 1930—amendment\ns 23 om Ord1989-38 sch 1\nDictionary\ndict ins A2007-3 amdt 3.406\ndef commencement date reloc from s 2 A2007-3 amdt 3.404\ndef disposition reloc from s 2 A2007-3 amdt 3.404\ndef power of appointment reloc from s 2 A2007-3 amdt 3.404\ndef property reloc from s 2 A2007-3 amdt 3.404\ndef settlement reloc from s 2 A2007-3 amdt 3.404\ndef the rule against perpetual trusts reloc from s 2 A2007-3\namdt 3.404\ndef trust sub A2001-56 amdt 3.464\nreloc from s 2 A2007-3 amdt 3.404\ndef trustee sub A2001-56 amdt 3.464\nreloc from s 2 A2007-3 amdt 3.404\ndef will reloc from s 2 A2007-3 amdt 3.404\n\nEndnotes\n5 Earlier republications\npage 20 Perpetuities and Accumulations Act 1985\nEffective: 01/05/17\nR7\n01/05/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 Ord1989-38 31 May 1991\n2 A2001-56 11 January 2002\n3 A2002-11 29 May 2002\n4 A2003-14 28 March 2003\n5 A2007-3 12 April 2007\n6 A2008-14 19 May 2008\n© Australian Capital Territory 2017","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act changes the scope of perpetuity law from pure common‑law timing rules to a statutory regime: it fixes a statutory perpetuity period of 80 years (s 8), introduces ‘‘wait and see’’ treatment of contingent interests (s 9), provides age‑reduction and class‑member rules (s 10–11), and creates explicit exceptions (eg, superannuation funds s 14; options s 16; trustee powers ss 12–13). Application and transitional rules (s 3, s 20) limit retrospective effect but broaden or clarify when the Act, rather than common law, governs."},"complexity_factors":["Substitution of common‑law rules with statutory rules (s 8 establishes an 80‑year perpetuity period) increases doctrinal detail.","Multiple temporal doctrines interact (wait‑and‑see in s 9; in‑utero extension s 8(3); reduction of ages and class narrowing s 10–11).","Numerous targeted exceptions and qualifications (eg, superannuation and employee funds s 14; options s 16; determinable interests s 15).","Interplay with powers of appointment and their treatment as special or general powers (s 7) creates technical analysis for dispositions.","Trustee‑facing provisions alter administrative discretion and obligations (administrative powers s 12; remuneration s 13).","Transitional and saving rules limit retrospective effect and create application complexity across pre‑ and post‑commencement settlements (s 3, s 20).","Definitions and cross‑references to other statutes (dictionary; Trustee Act references) require external statutory reading to resolve terms."],"plain_english_summary":"**What it changes:** The Act replaces aspects of the common‑law perpetuity rules by setting an 80‑year statutory perpetuity period and by creating rules (eg, \"wait and see\", age‑reduction and class‑member adjustments) that determine when contingent interests must vest. \n\n**Who it affects and why it matters:** It affects testators, settlors, trustees, beneficiaries and employers running funds (including superannuation/provident schemes) because it changes vesting deadlines, exceptions, trustees' administrative/remuneration powers and the compliance burden for holding and accumulating trust income."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of reforming the rules against perpetuities and accumulations. While it has been amended several times (notably to update terminology like 'domestic partner' and references to other Acts), these are modernising amendments rather than scope expansion. The core subject matter — 80-year perpetuity periods, wait-and-see provisions, and superannuation fund exemptions — remains consistent with the 1985 original intent."},"complexity_factors":["Multiple interacting legal concepts: combines the rule against perpetuities with the rule against perpetual trusts, requiring readers to understand both common law doctrines","Conditional logic throughout: extensive use of 'if...then' structures (e.g., sections 9, 10, 11) with nested conditions","Cross-references: heavy internal referencing (e.g., section 9 references section 10, section 10 references section 11, section 15 references other sections)","Latin and legal French terminology retained: 'en ventre sa mère' (in the womb), 'per stirpes' (by branch of family), 'ulterior' interests","Defined terms with signpost definitions: terms like 'trustee' and 'trust' are defined by reference to the Trustee Act 1925, requiring external lookup","Temporal application rules: complex transitional provisions determining when the Act applies (section 3, section 20) with exceptions for pre-commencement settlements","Conceptual difficulty: requires understanding of abstract property law concepts like 'vesting', 'contingent interests', 'powers of appointment', and 'determinable interests'"],"plain_english_summary":"The Act modernises the rule against perpetuities in the ACT by replacing complex \"lives in being\" calculations with a clear 80‑year limit and a \"wait‑and‑see\" approach, so future gifts are valid if they vest within that period. It also adjusts age provisions, protects superannuation/employee benefit funds, and permits trustee remuneration.\n\nIt affects will‑makers, trustees, estate planners and fund managers by making long‑term estate and trust arrangements more predictable and less vulnerable to old technicalities."}},"importantCases":[],"_links":{"self":"/api/acts/perpetuities-and-accumulations-act-1985","history":"/api/acts/perpetuities-and-accumulations-act-1985/history","analysis":"/api/acts/perpetuities-and-accumulations-act-1985/analysis","conflicts":"/api/acts/perpetuities-and-accumulations-act-1985/conflicts","importantCases":"/api/acts/perpetuities-and-accumulations-act-1985/important-cases","documents":"/api/acts/perpetuities-and-accumulations-act-1985/documents"}}