{"id":"tas:act-1984-096","name":"Plomley Trusts Act 1984","slug":"plomley-trusts-act-1984","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"96 of 1984","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109914,"registerId":"tas-act-1984-096-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Plomley Trusts Act 1984](/view/html/inforce/2026-04-12/act-1984-096) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act shall commence on the day on which it receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***the appointed day*** means the day appointed by the Minister pursuant to [section 5](#GS5@EN) [(5)](#GS5@Gs5@EN) ;\n> \n> > ***the Beneficiary*** means Ann Cripps, referred to in [paragraph III of the Preamble](#Cp@Hpiii@EN) to this Act;\n> \n> > ***the City*** means the corporation of the city of Launceston;\n> \n> > ***the Income Trust*** means the Income Trust referred to in [paragraph II of the Preamble](#Cp@Hpii@EN) to this Act;\n> \n> > ***the Income Trustee*** means Perpetual Trustees and National Executors of Tasmania Limited referred to in [paragraph II of the Preamble](#Cp@Hpii@EN) to this Act;\n> \n> > ***the Research Trust*** means the Research Trust referred to in [paragraph II of the Preamble](#Cp@Hpii@EN) to this Act;\n> \n> > ***the Research Trustee*** means Alma Lily Stackhouse, referred to in [paragraph II of the Preamble](#Cp@Hpii@EN) to this Act or, if another person is appointed under [section 4](#GS4@EN) as trustee for the purposes of performing a duty imposed under [section 5](#GS5@EN) [(2)](#GS5@Gs2@EN) [(b)](#GS5@Gs2@Hpb@EN) or [(d)](#GS5@Gs2@Hpd@EN) , that other person;\n> \n> > ***the Settlor*** means Norman James Brian Plomley, referred to in [paragraph I of the Preamble](#Cp@Hpi@EN) to this Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Power to appoint trustee for purposes of Research Trust","content":"### 4 Power to appoint trustee for purposes of Research Trust\n\n> > (1)  If the Governor is of the opinion that it is expedient to do so for the purposes of this Act, the Governor may appoint a person to act as trustee for the purpose of performing a duty imposed under [section 5](#GS5@EN) [(2)](#GS5@Gs2@EN) [(b)](#GS5@Gs2@Hpb@EN) or [(d)](#GS5@Gs2@Hpd@EN) .\n> \n> > (2)  An appointment under [subsection (1)](#GS4@Gs1@EN) is as valid and effectual for the purposes of that subsection as if made pursuant to the powers conferred on the Governor by the Research Trust as varied by the deed referred to in [paragraph V of the Preamble](#Cp@Hpv@EN) to this Act.\n> \n> > (3)  The powers conferred on the Governor by [subsection (1)](#GS4@Gs1@EN) are in addition to the powers conferred on him by the Research Trust as varied by the deed referred to in [paragraph V of the Preamble](#Cp@Hpv@EN) to this Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Revocation of trusts and vesting of trust property","content":"### 5 Revocation of trusts and vesting of trust property\n\n> > (1)  On the appointed day –\n> > \n> > > > (a) the trusts arising from the Income Trust and the Research Trusts are revoked and the property referred to in [Schedules 2](#JS2@EN) and [3](#JS3@EN) is freed and discharged from those trusts;\n> > > \n> > > > (b) one-half of the property specified in [Schedule 2](#JS2@EN) shall vest in the Beneficiary for her own use and benefit absolutely;\n> > > \n> > > > (c) the Settlor is entitled to be paid out of the remaining one-half of the property referred to in [Schedule 2](#JS2@EN) an amount certified pursuant to [subsection (3)](#GS5@Gs3@EN) as his legal costs;\n> > > \n> > > > (d) the Settlor is entitled to be paid out of the money specified in [Schedule 3](#JS3@EN) an amount of $12 365; and\n> > > \n> > > > (e) the residue of the property referred to in [Schedules 2](#JS2@EN) and [3](#JS3@EN) shall, notwithstanding the agreement referred to in [paragraph VII of the Preamble](#Cp@Hpvii@EN) to this Act, vest in the City to be held pursuant to the provisions of that agreement.\n> \n> > (2)  On, or as soon as practicable after, the appointed day –\n> > \n> > > > (a) the Income Trustee shall pay –\n> > > > \n> > > > > > (i) one-half of the money specified in [Schedule 2](#JS2@EN) to the Beneficiary;\n> > > > > \n> > > > > > (ii) out of the remaining one-half of that money, an amount as legal costs as provided by [subsection (3)](#GS5@Gs3@EN) to the Settlor, or as he may direct; and\n> > > > > \n> > > > > > (iii) the balance of that money to the City;\n> > > \n> > > > (b) the Research Trustee shall, out of the money specified in [Schedule 3](#JS3@EN) , pay to the Settlor, or as he may direct, the amount of $12 365 mentioned in [subsection (1)](#GS5@Gs1@EN) [(d)](#GS5@Gs1@Hpd@EN) and shall pay the balance of that money to the City;\n> > > \n> > > > (c) the State Librarian shall, on request by the City, deliver up to the City the books, periodicals, manuscripts, and other documents referred to in [Schedule 3](#JS3@EN) ; and\n> > > \n> > > > (d) the Income Trustee and the Research Trustee shall execute such transfers and other assurances and make such arrangements as may be necessary to give effect to the provisions of this section.\n> \n> > (3)  For the purposes of [subsection (1)](#GS5@Gs1@EN) [(c)](#GS5@Gs1@Hpc@EN) , the Registrar of the Supreme Court shall, on application by the Settlor, certify in writing to the Attorney-General such amount as he considers appropriate as legal costs incurred by the Settlor arising out of, or in any way incidental to, the enactment of this Act.\n> \n> > (4)  For the purposes of [subsection (3)](#GS5@Gs3@EN) –\n> > \n> > > > (a) [*\\[Section 5 Subsection (4) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja71@GC1@EN) the Registrar of the Supreme Court shall have regard to the scale of fees allowed to Australian legal practitioners pursuant to the rules in force under the [Supreme Court Civil Procedure Act 1932](/view/html/inforce/2026-04-12/act-1932-058) ; and\n> > > \n> > > > (b) the Settlor shall provide the Registrar with such documents and such information as the Registrar may require.\n> \n> > (5)  The Minister may, by notice published in the *Gazette*, fix a day as the appointed day for the purposes of this Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Exemptions from stamp duty","content":"### 6 Exemptions from stamp duty\n\n> Notwithstanding the provisions of the [Stamp Duties Act 1931](/view/html/inforce/2026-04-12/act-1931-019) –\n> \n> > > (a) a document executed to give effect to any vesting provided for by this Act is not liable to stamp duty; and\n> > \n> > > (b) if, within one year after the appointed day, the Beneficiary makes a disposition of any property vested in her under [section 5](#GS5@EN) [(1)](#GS5@Gs1@EN) [(b)](#GS5@Gs1@Hpb@EN) in favour of, or for the benefit of, one or more of her children, a document executed by her is not liable to stamp duty so far as it relates to that disposition.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Indemnity for trustees","content":"### 7 Indemnity for trustees\n\n> > (1)  On and from the appointed day, no action or legal proceeding may be instituted against the Income Trustee, the Research Trustee, or any other trustee referred to in [paragraph II of the Preamble](#Cp@Hpii@EN) to this Act in respect of the administration, or intended administration, before that day of the trusts arising from the Income Trust or the Research Trust.\n> \n> > (2)  [Subsection (1)](#GS7@Gs1@EN) does not apply to, or in relation to, an action to compel a person to perform a duty imposed by this Act.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Saving for Income Trustee's commission, &c.","content":"### 8 Saving for Income Trustee's commission, &c.\n\n> Nothing in this Act shall be construed so as to affect the right of the Income Trustee, before it makes a payment as required by this Act –\n> \n> > > (a) to charge commission in accordance with the [Trustee Companies Act 1953](/view/html/inforce/2026-04-12/act-1953-072) in respect of its administration of the trusts arising from the Income Trust before the appointed day; or\n> > \n> > > (b) to reimburse itself out of the property of those trusts for any expenses properly incurred by it in, or about, the administration of those trusts before that day.","sortOrder":7},{"sectionNumber":"SCHEDULE 1 - Agreement For Est","sectionType":"part","heading":"SCHEDULE 1 - Agreement For Establishment of the Plomley Foundation","content":"# SCHEDULE 1 - Agreement For Est SCHEDULE 1 - Agreement For Establishment of the Plomley Foundation\n\nPreamble, [paragraph VIII](#Cp@Hpviii@EN)\n\n[![graphic image](/image/SG0091a.gif)](/image/SG0091a.gif)\n\n[![graphic image](/image/SG0091b.gif)](/image/SG0091b.gif)\n\n[![graphic image](/image/SG0091c.gif)](/image/SG0091c.gif)\n\n[![graphic image](/image/SG0091d.gif)](/image/SG0091d.gif)\n\n[![graphic image](/image/SG0091e.gif)](/image/SG0091e.gif)","sortOrder":8},{"sectionNumber":"SCHEDULE 2 - Property of the I","sectionType":"part","heading":"SCHEDULE 2 - Property of the Income Trust","content":"# SCHEDULE 2 - Property of the I SCHEDULE 2 - Property of the Income Trust\n\nPreamble, [paragraph IX](#Cp@Hpix@EN) and [section 5](#GS5@EN)\n\n> > (a) 7 952 shares in Broken Hill Proprietary Limited together with rights to a new issue of shares;\n> \n> > (b) 77 196 shares in Commonwealth Industrial Gases Limited;\n> \n> > (c) 23 875 shares in Castlemaine Tooheys Limited;\n> \n> > (d) an amount of $43 308·08 held by the Income Trustee –","sortOrder":9},{"sectionNumber":"SCHEDULE 3 - Property of the R","sectionType":"part","heading":"SCHEDULE 3 - Property of the Research Trust","content":"# SCHEDULE 3 - Property of the R SCHEDULE 3 - Property of the Research Trust\n\nPreamble, [paragraph IX](#Cp@Hpix@EN) and [section 5](#GS5@EN)\n\n> > (a) the books, periodicals, manuscripts, and other documents kept at the State Library of Tasmania and known as the \"Tasmanian Aboriginal Collection\";\n> \n> > (b) the beneficial interest in inscribed stock for $20 000 issued by the Hydro-Electric Commission in respect of Loan No. 419 and accrued interest;\n> \n> > (c) an amount of $41 404·15 and accrued interest standing to the credit of savings account No. 1403-5558 at the Savings Bank of Tasmania –","sortOrder":10}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This Act alters the existing legal scope by revoking the Income Trust and Research Trust and vesting their listed properties in new recipients: one‑half of Income Trust assets to the named Beneficiary, certificated legal costs and a fixed payment to the Settlor from trust funds, and the residue to the City (s5(1)–(2); Schedules 2–3). It also transfers custody of specific library materials to the City (s5(2)(c)), exempts certain documents from stamp duty (s6), limits post‑Act litigation against trustees (s7), and preserves trustee commission and reimbursement rights (s8)."},"complexity_factors":["Multiple parties with distinct roles and beneficiaries (Beneficiary, Settlor, Income Trustee, Research Trustee, City, Minister, Governor, State Librarian) (see: ss 3, 5, 4, 5(2)(c), 5(2)(b), 5(2)(a)(iii), 5(2)(c)).","Asset mix includes shares, cash accounts and specific cultural/library items (Schedules 2–3), requiring in‑kind transfers and custody changes (schedules; s5(2)(c)).","Timing and activation depend on an \"appointed day\" set by Minister (s5(1); s5(5)), creating implementation dependency and transitional steps (s5(2)).","Payments include a fixed statutory amount and a certificated legal‑costs payment requiring Registrar certification and documentary evidence (s5(1)(d), s5(1)(c), s5(3)–(4)).","Interplay with other statutes affects procedure and entitlements: Stamp Duties Act (exemptions under s6), Trustee Companies Act (commission rights preserved by s8), and Supreme Court Civil Procedure Act (fee scale reference in s5(4)(a)).","Discretionary executive powers: Governor may appoint an alternative trustee (s4); Minister fixes appointed day (s5(5)) — both introduce administrative discretion and timing control.","Indemnity and litigation limits: broad bar on actions against trustees for pre‑Act administration, with a carved‑out enforcement exception (s7(1)–(2)), raising questions about residual liabilities and enforcement mechanisms.","Operational requirements: trustees must execute transfers and the State Librarian must deliver items on City request (s5(2)(d), s5(2)(c)), creating coordination and custody obligations."],"plain_english_summary":"This Act ends two named trusts and reallocates the trusts' assets: a portion is paid to the named Beneficiary, fixed and certified amounts are paid to the Settlor, and the remainder vests in the City. It also transfers specific library materials, preserves trustees' commission and expense recovery, exempts certain documents from stamp duty, bars most lawsuits against trustees for pre‑Act administration, and gives the Minister and Governor powers to fix the effective day and appoint trustees. The Registrar certifies the Settlor's legal costs."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a private Act with a narrow, specific purpose from inception — to wind up the Plomley trusts. The legislation has not expanded beyond its original scope; it remains tightly focused on the original 1984 settlement with only minor procedural updates (the 2007 amendment updating legal practitioner terminology)."},"complexity_factors":["Only 8 defined terms in the interpretation section, all specific to this private matter","No nested exceptions or complex conditional logic — the scheme operates on a single trigger date","Straightforward sequential operation: appointed day → revocation → vesting → payment","Limited cross-referencing — mainly internal references to Schedules and Preamble paragraphs","Two simple exemptions in section 6 (stamp duty) with basic time limit on second exemption","Single amendment noted (2007) updating reference from 'barristers and solicitors' to 'Australian legal practitioners'","Schedules contain specific asset lists (share numbers, account numbers) rather than legal rules"],"plain_english_summary":"**What this law does:**\n\nThis Act winds up two private trusts established by Norman Plomley — the Income Trust and the Research Trust — and distributes their assets to specific people and the City of Launceston.\n\n**Who it affects:**\n\n- **Ann Cripps** (the Beneficiary): receives half the shares and cash from the Income Trust\n- **Norman Plomley** (the Settlor): gets his legal costs paid plus a fixed sum of $12,365 from the Research Trust\n- **The City of Launceston**: receives the remaining assets (half the Income Trust property, plus the balance of the Research Trust after Plomley's payment)\n- **The trustees**: Perpetual Trustees (Income Trustee) and Alma Stackhouse (Research Trustee) are protected from lawsuits about their past management and must hand over the assets\n\n**What actually happens:**\n\nOn a day fixed by the Minister (the \"appointed day\"):\n- The trusts are cancelled\n- Assets are split: half to Ann Cripps, legal costs to Plomley, $12,365 to Plomley, rest to Launceston\n- The Tasmanian Aboriginal Collection (books, manuscripts) goes to the City\n- No stamp duty is payable on these transfers\n- The trustees get legal immunity for their past actions\n\n**Why it matters:**\n\nThis is a **private Act** — legislation written to solve a specific family's trust dispute rather than set general rules. It overrides normal trust law to force a particular outcome, protects the trustees from being sued, and gives tax exemptions that wouldn't normally apply. The City of Launceston ends up with a significant cultural collection and investment funds."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained consistent with its original purpose since 1984, with no indication of scope expansion or material amendment. The version has been current since 31 December 2008 with no substantive changes apparent."},"complexity_factors":["Limited substantive text provided — only metadata and status information was available for analysis, preventing assessment of the Act's actual operative provisions","Acts establishing named trusts are typically narrow and specific in scope, with few moving parts","As a 1984 Tasmanian Act with minimal amendments noted, the legislation is likely short and purpose-built","Trust law concepts (duties of trustees, beneficial interests) can carry some complexity for lay readers, but the Act itself appears to be a simple enabling instrument"],"plain_english_summary":"The Plomley Trusts Act 1984 (Tas.) establishes a legal framework for trusts tied to someone named Plomley, setting out how related funds or assets are to be held, managed and applied—likely for charitable, educational or cultural purposes in Tasmania. \n\nIt primarily affects appointed trustees and beneficiaries (and potentially Tasmanian cultural or educational bodies), giving the trust legal security and protecting the donor’s intended use of the assets over time."}},"importantCases":[],"_links":{"self":"/api/acts/plomley-trusts-act-1984","history":"/api/acts/plomley-trusts-act-1984/history","analysis":"/api/acts/plomley-trusts-act-1984/analysis","conflicts":"/api/acts/plomley-trusts-act-1984/conflicts","importantCases":"/api/acts/plomley-trusts-act-1984/important-cases","documents":"/api/acts/plomley-trusts-act-1984/documents"}}