{"id":"public-trustee-act-1979","name":"Public Trustee Act 1979","slug":"public-trustee-act-1979","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30470,"registerId":"nt-public-trustee-act-1979-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"4A","sectionType":"section","heading":"Objectives of Act","content":"4A Objectives of Act\nThe objectives of this Act are:\n(a) to provide for a manager, administrator, executor or trustee of\nlast resort;\n(b) to provide a trustee and executor service to the public that is\nan alternative to the services provided by the private sector;\nand\n(c) to provide for the establishment of common funds for\ninvestment purposes.\n\nPart I Preliminary\nPublic Trustee Act 1979 3\n5 Definitions\nIn this Act, unless the contrary intention appears:\nadministrator includes:\n(a) a person to whom a grant of probate or administration is\nmade; and\n(b) the Public Trustee, where he or she is authorized by this Act\nto administer an estate without a grant being made.\ncommon fund means the common fund established under\nsection 23.\ncourt, in relation to a matter, means a court having jurisdiction in\nthat matter.\nCourt means the Supreme Court of the Northern Territory.\nemployee has the same meaning as it has in the Public Sector\nEmployment and Management Act 1993.\nestate includes a trust estate.\ngrant of administration, in relation to an estate under the control\nof the Public Trustee, includes an election to administer by the\nPublic Trustee, the grant of probate or letters of administration\neither with a will annexed or in the estate of an intestate deceased\nperson or any other order of the Court authorizing the Public\nTrustee to administer the estate.\nInvestment Board means the Public Trustee Investment Board\nconstituted by this Act.\nJudge means a Judge of the Supreme Court of the Northern\nTerritory.\nPublic Trustee means the Public Trustee appointed under\nsection 8.\nrepealed Acts means the Acts set out in Schedule 1 and\nSchedule 2.\nwill includes a testamentary disposition of any kind.\n","sortOrder":0},{"sectionNumber":"6","sectionType":"section","heading":"Act to bind Crown","content":"6 Act to bind Crown\nThis Act shall bind the Territory.\n\nPart II Administration\nPublic Trustee Act 1979 4\nPart II Administration\n","sortOrder":1},{"sectionNumber":"8","sectionType":"section","heading":"Appointment of Public Trustee","content":"8 Appointment of Public Trustee\n(1) The Administrator may appoint a person to be the Public Trustee\nfor the Northern Territory.\n(1A) The Public Trustee holds office on the conditions (including\nremuneration, expenses and allowances) determined by the\nAdministrator.\n(2) The Minister may appoint a public sector employee to be a Deputy\nPublic Trustee for the Northern Territory.\n(3) A Deputy Public Trustee, while he or she remains in office, shall\nhave and may exercise, perform and discharge, subject to the\ncontrol and direction of the Public Trustee, all the functions, powers,\nauthorities, discretions, rights and duties of the Public Trustee and\nall reference in this or in any other Act to the Public Trustee shall,\nso far as may be necessary for the purpose of giving effect to the\nprovisions of this section, be read as including a reference to a\nDeputy Public Trustee.\n(4) A person, court or judge shall be not concerned to inquire whether\nor not a Deputy Public Trustee is subject to the control or direction\nof the Public Trustee in a matter.\n","sortOrder":2},{"sectionNumber":"9","sectionType":"section","heading":"Public Trustee for the Northern Territory","content":"9 Public Trustee for the Northern Territory\n(1) The Public Trustee and his or her successors in office shall be a\nbody corporate under the name of \"Public Trustee for the Northern\nTerritory\" and shall by that name be capable of exercising all the\nfunctions of an incorporated body, have perpetual succession and a\ncommon seal, may by that name sue and be sued and may\nacquire, hold and dispose of real and personal property.\n(2) All courts, judges and persons acting judicially shall take judicial\nnotice of the seal of the Public Trustee affixed to any document or\nnotice and presume that it was duly affixed.\n","sortOrder":3},{"sectionNumber":"9A","sectionType":"section","heading":"Staff and facilities for Public Trustee","content":"9A Staff and facilities for Public Trustee\n(1) The Chief Executive Officer must provide the Public Trustee with\nstaff and facilities to enable the Public Trustee to properly perform\nthe Public Trustee's functions.\n(2) A staff member provided to the Public Trustee under subsection (1)\nis subject only to the direction of:\n(a) the Public Trustee; or\n\nPart II Administration\nPublic Trustee Act 1979 5\n(b) another such staff member.\n","sortOrder":4},{"sectionNumber":"9B","sectionType":"section","heading":"Delegation","content":"9B Delegation\nThe Public Trustee may delegate any of the Public Trustee's\npowers and functions under this Act to a person.\n","sortOrder":5},{"sectionNumber":"10","sectionType":"section","heading":"Agent of Public Trustee","content":"10 Agent of Public Trustee\n(1) The Public Trustee may, from time to time, appoint a person,\nwhether within or beyond the Territory, to be his or her agent or\nrepresentative as may be necessary.\n(2) A person who is appointed under this section as an agent shall be\nsubject to the direction, control, supervision and inspection of the\nPublic Trustee in all matters relating to the business for which he or\nshe is appointed.\n","sortOrder":6},{"sectionNumber":"11","sectionType":"section","heading":"Secrecy","content":"11 Secrecy\n(1) The Public Trustee, a Deputy Public Trustee, a member of the staff\nof the Public Trustee, an agent or representative of the Public\nTrustee and a member of the Investment Board shall maintain and\naid in the maintenance of secrecy of all matters coming to his or her\nknowledge relating to the business of the Public Trustee, including\nthe business of the Investment Board, the affairs of any estate\nunder the administration of the Public Trustee or in relation to the\naffairs of any persons concerned in any such estate.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(2) Before commencing to carry out duties of the Public Trustee,\nDeputy Public Trustee or a member of the staff of the Public\nTrustee, an agent or representative of the Public Trustee or a\nmember of the Investment Board, a person appointed in any such\nmanner for the first time must take and subscribe an oath of\nsecrecy.\n(3) The Public Trustee, a Deputy Public Trustee, a member of the staff\nof the Public Trustee, an agent or representative of the Public\nTrustee and a member of the Investment Board is authorized to\ngive information in relation to an estate:\n(a) to a person directly interested in that part of the estate\nconcerning which the information is sought or that person's\nsolicitor or agent; or\n(b) for the purpose of assisting in the carrying out of the powers\nand functions of the Public Trustee; or\n\nPart III Public Trustee Investment Board\nPublic Trustee Act 1979 6\n(c) in such other circumstances as he or she may be required by\nanother law in force in the Northern Territory to divulge that\ninformation.\nPart III Public Trustee Investment Board\n","sortOrder":7},{"sectionNumber":"12","sectionType":"section","heading":"Public Trustee Investment Board","content":"12 Public Trustee Investment Board\n(1) There shall be a Board to be called the Public Trustee Investment\nBoard that shall control the investment of money which is from time\nto time in a common fund and available for investment.\n(2) The Investment Board shall meet at such times and places as it\nthinks fit.\n(3) The Investment Board consists of:\n(a) the Public Trustee or, in the absence of the Public Trustee, the\nDeputy Public Trustee; and\n(b) 2 persons appointed by the Minister.\n(4) The quorum at a meeting of the Investment Board is the Public\nTrustee or the Deputy Public Trustee and one other person.\n(5) The Public Trustee shall be the Chairperson of a meeting of the\nInvestment Board.\n(6) The Chairperson of a meeting of the Investment Board shall have a\ndeliberative vote and in cases of an equality of votes shall have a\ncasting vote.\n","sortOrder":8},{"sectionNumber":"13","sectionType":"section","heading":"Delegation by Investment Board","content":"13 Delegation by Investment Board\n(1) The Investment Board, by instrument in writing, may, from time to\ntime, delegate to the Public Trustee:\n(a) the power to approve any valuation required by this Act or by\nany other Act or otherwise to be approved by the Investment\nBoard; and\n(b) such of its other powers in respect of the investment of money\nfrom time to time in a common fund as it thinks fit.\n(2) A delegation under subsection (1) is revocable and shall not\nprevent the exercise of any power by the Investment Board.\n\nPart IV Accounts\nPublic Trustee Act 1979 7\n(3) A delegation made under subsection (1) may be made subject to\nsuch restrictions and conditions as the Investment Board thinks fit,\nand may be made generally or in relation to any particular matter.\n(4) A power delegated under this section by the Investment Board to\nthe Public Trustee may be exercised by a Deputy Public Trustee.\n(5) The exercise of a power or the approval of a valuation by the Public\nTrustee shall be as full and effectual for all purposes as if the\nexercise or approval had been made by the Investment Board.\nPart IV Accounts\n14 Accounts of Public Trustee\n(1) The Public Trustee must establish an account to be known as the\nPublic Trustee's Dividend Account at an ADI approved by the\nTreasurer.\n(2) The Public Trustee may establish additional accounts at an ADI or\nADIs approved by the Treasurer.\n(3) The Public Trustee must pay into the Public Trustee's Dividend\nAccount:\n(a) any fees received under section 24A; and\n(b) any levies received under section 28.\n(4) The Public Trustee must pay into the Central Holding Authority the\nmoney in the Public Trustee's Dividend Account when directed by\nthe Treasurer.\n","sortOrder":9},{"sectionNumber":"15","sectionType":"section","heading":"Receipt of moneys","content":"15 Receipt of moneys\nA person who receives money which is payable to the Public\nTrustee shall pay the money to the Public Trustee as soon as\npracticable after receipt.\n","sortOrder":10},{"sectionNumber":"16","sectionType":"section","heading":"Separate accounts for businesses of estate","content":"16 Separate accounts for businesses of estate\n(1) Nothing in section 14 shall prevent the Public Trustee from opening\nor keeping open or operating a separate account in connection with\na business carried on by him or her for the benefit of any estate\nbeing administered by him or her.\n\nPart IV Accounts\nPublic Trustee Act 1979 8\n(2) An account mentioned in subsection (1) may be opened with any\nADI or with any institution approved by the Attorney-General and\nthe receipts of the business for which the account is opened may\nbe deposited in and the outgoings of the business may be paid from\nthe account.\n","sortOrder":11},{"sectionNumber":"17","sectionType":"section","heading":"Separate accounts for particular estates","content":"17 Separate accounts for particular estates\n(1) Where the Public Trustee invests money other than in a common\nfund, he or she may open a separate account for a particular estate\nor beneficiary in the name of the Public Trustee and of the estate or\nbeneficiary.\n(2) The Public Trustee may operate an account opened under\nsubsection (1) for the benefit of the estate or of a beneficiary\ninterested in the account in such manner and to such extent as the\nPublic Trustee may, from time to time, determine.\n","sortOrder":12},{"sectionNumber":"18","sectionType":"section","heading":"Annual report","content":"18 Annual report\n(1) The Public Trustee shall forward to the Attorney-General as soon\nas practicable after 30 June in each year a report on the operations\nof the Public Trustee during the preceding financial year.\n(2) The annual report is to include:\n(a) the audited statement of accounts in respect of each common\nfund for that financial year;\n(b) the Auditor-General's report on those accounts; and\n(c) the following investor information in respect of each common\nfund:\n(i) the nature and amount or rate of any fee that the Public\nTrustee charges in respect of investment in the fund;\n(ii) the class of investments in which the fund may be\ninvested;\n(iii) the extent (if any) to which a capital sum invested may\nbe reduced to defray losses from investment of the fund;\n(iv) the rights of an investor in the fund to withdraw all or part\nof the investor's investment in the fund and the period of\nnotice (if any) that the investor is required to give the\nPublic Trustee in respect of a withdrawal;\n\nPart IV Accounts\nPublic Trustee Act 1979 9\n(v) the terms governing distribution of income and profit or\nloss of a capital nature attributable to each investment in\nthe fund.\n(3) The Attorney-General must table a copy of the annual report in the\nLegislative Assembly within 6 sitting days after it is received.\n","sortOrder":13},{"sectionNumber":"19","sectionType":"section","heading":"Audit and report by Auditor-General","content":"19 Audit and report by Auditor-General\n(1) The Auditor-General and any officer of his or her office authorized\nby him or her shall, at all times, have access to all the books,\naccounts, documents and papers in the control of the Public\nTrustee.\n(2) The Auditor-General may at any time and must, in respect of each\nfinancial year, inspect and audit the accounts and records of the\nPublic Trustee and must draw to the attention of the Attorney-\nGeneral any irregularity disclosed by the inspection and audit that,\nin the opinion of the Auditor-General, is of sufficient importance to\njustify so doing.\n(3) The Auditor-General must provide the Attorney-General and the\nPublic Trustee with a report of the results of an inspection and audit\ncarried out under this section.\n","sortOrder":14},{"sectionNumber":"20","sectionType":"section","heading":"Furnishing of information to Auditor-General","content":"20 Furnishing of information to Auditor-General\nThe Public Trustee shall at all times furnish to the Auditor-General\nsuch information as the Auditor-General requires.\n","sortOrder":15},{"sectionNumber":"20A","sectionType":"section","heading":"Provision of information to beneficiaries of estate or trust","content":"20A Provision of information to beneficiaries of estate or trust\nDuring the administration of an estate or trust, the Public Trustee\nmust provide the beneficiaries or their representatives with\nappropriate information concerning the administration.\n","sortOrder":16},{"sectionNumber":"20B","sectionType":"section","heading":"Provision of account during administration of estate","content":"20B Provision of account during administration of estate\n(1) During the administration of an estate, the Public Trustee must, on\napplication by a person with a proper interest in the administration,\nprovide the person with an account of:\n(a) the assets and liabilities of the estate;\n(b) the Public Trustee's administration of the estate;\n(c) the investments made from the estate;\n(d) the distributions made from the estate; and\n\nPart V Investment of estate funds and common funds\nPublic Trustee Act 1979 10\n(e) any other expenditure (including fees and commissions) from\nthe estate.\n(2) If:\n(a) the Public Trustee has provided an account to a person in\naccordance with subsection (1); and\n(b) the person applies for a further account within 3 months after\nthe date on which the previous account was provided,\nthe Public Trustee need not provide the person with a further\naccount until the end of that 3 months.\n(3) The Public Trustee may charge a reasonable fee for providing an\naccount under this section.\n(4) If the Public Trustee fails to provide a proper account under this\nsection the Court may, on application by the person who sought the\naccount or any other person who has a proper interest in the\nmatter, make one or both of the following orders:\n(a) an order that the Public Trustee must prepare and deliver\nproper accounts;\n(b) an order that an officer of the Court or other specified person\nmust investigate the administration of the estate,\nand may make incidental or ancillary orders.\nPart V Investment of estate funds and common funds\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Investment of money","content":"21 Investment of money\n(1) Subject to this and any other Act and to a trust instrument or court\norder, the Public Trustee must invest estate or trust money:\n(a) in a manner authorised by the trust instrument;\n(b) in a manner in which a trustee may lawfully invest trust\nmoney; or\n(c) in one or more common funds.\n(2) Subject to this and any other Act, the Public Trustee may invest\nmoney on behalf of another person:\n(a) in a manner authorised by the person;\n\nPart V Investment of estate funds and common funds\nPublic Trustee Act 1979 11\n(b) in a manner in which a trustee may lawfully invest trust\nmoney; or\n(c) in one or more common funds.\n22 Money from several estates and trusts may be invested as\nsingle fund\n(1) Subject to a trust instrument or court order, the Public Trustee may\ninvest money from 2 or more estates or trusts as a single fund in\none or more investments.\n(2) Where money from 2 or more estates or trusts is invested as a\nsingle fund, the Public Trustee must:\n(a) keep an account showing the amount for the time being\nstanding to the credit of each estate or trust; and\n(b) after deducting the commission, fees, charges and expenses\ncharged against the fund:\n(i) divide income arising from investment of the money\nbetween the estates and trusts in proportion to the\namounts invested and the period of each investment;\nand\n(ii) divide profit or loss of a capital nature arising from\ninvestment of the money between the estates and trusts\nin proportion to the amounts invested.\n","sortOrder":18},{"sectionNumber":"23","sectionType":"section","heading":"Establishment of common funds","content":"23 Establishment of common funds\n(1) The Public Trustee may establish one or more common funds:\n(a) for the investment of estate and trust money under the control\nof the Public Trustee; and\n(b) for the investment of money on behalf of other classes of\npersons.\n(2) The Public Trustee:\n(a) must determine the classes of investments in which a\ncommon fund may be invested; and\n(b) may vary those classes.\n\nPart V Investment of estate funds and common funds\nPublic Trustee Act 1979 12\n(3) The Public Trustee must not invest money in a common fund\nunless the classes of investment in which the money may be\ninvested on separate account are the same as or include the\nclasses of investment in which the common fund may be invested.\n","sortOrder":19},{"sectionNumber":"24","sectionType":"section","heading":"Operation of common funds","content":"24 Operation of common funds\n(1) The Public Trustee must keep an account showing the amount in a\ncommon fund for the time being standing to the credit of each\ninvestor in the fund.\n(2) The Public Trustee may realise an investment in which money from\na common fund has been invested and reinvest that money in\nanother investment of a class in which the common fund may be\ninvested.\n(3) The Public Trustee may withdraw from a common fund an amount\nstanding to the credit of an estate or trust for any of the following\npurposes:\n(a) reinvestment;\n(b) defraying liabilities that are lawfully chargeable against the\nestate or trust;\n(c) making a payment to a person who is beneficially entitled to\nthat payment;\n(d) making any other payment in accordance with this or any\nother Act.\n(4) The Public Trustee must, after deducting the commission, fees,\nlevies, charges and expenses charged against the common fund:\n(a) divide income arising from investment of a common fund\nbetween the investors in proportion to the amounts invested\nand the period of each investment; and\n(b) divide profit or loss of a capital nature arising from investment\nof a common fund between the investors in proportion to the\namounts invested.\n(5) The Public Trustee:\n(a) must value each common fund (including the investments in\nwhich the fund is invested) as at the first business day of each\nmonth; and\n\nPart V Investment of estate funds and common funds\nPublic Trustee Act 1979 13\n(b) may value any of those funds as at any other time that the\nPublic Trustee considers appropriate having regard to the\nnature of the fund.\n(6) Investments in and withdrawals from a common fund are to be\neffected on the basis of the most recent valuation under\nsubsection (5).\n","sortOrder":20},{"sectionNumber":"24A","sectionType":"section","heading":"Management fees","content":"24A Management fees\n(1) The Public Trustee may charge against each common fund a\nmanagement fee in respect of each month or part of a month that\nthe Public Trustee manages the fund.\n(2) The management fee is not to exceed the prescribed percentage of\nthe value of the common fund as at the first business day of the\nmonth.\n","sortOrder":21},{"sectionNumber":"24B","sectionType":"section","heading":"Accounts, audits and reports in respect of common funds","content":"24B Accounts, audits and reports in respect of common funds\nThe Public Trustee must cause proper accounts to be kept in\nrelation to each common fund.\n","sortOrder":22},{"sectionNumber":"24C","sectionType":"section","heading":"Information for investors and prospective investors in","content":"24C Information for investors and prospective investors in\ncommon fund\n(1) The Public Trustee must, within 4 months after the end of each\nfinancial year, send to each investor (other than an estate) in a\ncommon fund an extract from the Public Trustee's annual report to\nthe Minister for that year containing the information required under\nsection 19(3).\n(2) The Public Trustee must not accept money from a prospective\ninvestor (other than an estate) in a common fund unless the\nprospective investor has first been given an extract from the Public\nTrustee's last annual report to the Minister containing the\ninformation required under section 19(3) together with any further\ninformation required to update the investor information contained in\nthe report.\n25 Sale by Public Trustee\n(1) A sale by the Public Trustee in the exercise of his or her powers of\nsale under a mortgage may be by public auction or private treaty\nand, in the case of a sale by private treaty, advertising shall not be\nnecessary.\n\nPart V Investment of estate funds and common funds\nPublic Trustee Act 1979 14\n(2) Any money expended by the Public Trustee in the exercise of the\npowers of the Public Trustee under a mortgage shall be:\n(a) repayable to the Public Trustee by the mortgagor on demand\nand until repayment may, at the discretion of the Public\nTrustee, incur interest chargeable at the maximum rate\nprovided by the mortgage, such interest (if any) to be\ncomputed from the date or dates of the money being\nexpended; and\n(b) a charge on the mortgagor's interest in the land, the subject of\nthe mortgage, and shall be secured by the mortgage.\n","sortOrder":23},{"sectionNumber":"26","sectionType":"section","heading":"Public Trustee may buy in, &c.","content":"26 Public Trustee may buy in, &c.\n(1) Where the Public Trustee exercises on behalf of a common fund a\npower of sale under a mortgage, he or she may, if he or she\nconsiders it expedient to do so, buy in, purchase or otherwise\nacquire the land or other property affected by the mortgage.\n(2) Subject to the direction of the Investment Board, the Public Trustee\nmay expend or acquire money from a common fund to exercise the\npowers under subsection (1).\n(3) Land or other property bought in, purchased or otherwise acquired\nunder this section may be managed, stocked, cultivated, leased,\nexchanged, sold or otherwise disposed of by the Public Trustee\nsubject to the direction of the Investment Board.\n(4) Any land held under this section shall constitute an investment of\nthe common fund from which the money to acquire the land was\nexpended or acquired.\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Common fund may borrow","content":"27 Common fund may borrow\n(1) The Public Trustee may, with the approval of the Investment Board,\nborrow money from the Territory or at any ADI on the security of\ninvestments held by the Public Trustee in respect of a common\nfund.\n(2) An advance made under subsection (1) shall be for a period not\nexceeding 6 months at such rate of interest as is approved by the\nAttorney-General.\n(3) The Attorney-General may approve the renewal of an advance\nunder subsection (1) at the expiration of the period referred to in\nsubsection (2).\n\nPart V Investment of estate funds and common funds\nPublic Trustee Act 1979 15\n(4) In this section:\nadvance includes financial accommodation with an ADI by way of\noverdraft.\n","sortOrder":25},{"sectionNumber":"28","sectionType":"section","heading":"Levy against common fund","content":"28 Levy against common fund\n(1) The Public Trustee must charge against each common fund a levy\nin respect of each month or part of a month that the Public Trustee\nmanages the fund.\n(2) The levy charged against a common fund is not to exceed the\nprescribed percentage of the value of the common fund.\n(3) The value of a common fund:\n(a) is to be calculated in accordance with the prescribed method\nof calculation; or\n(b) if no method of calculation is prescribed under paragraph (a) –\nis to be calculated daily and is the minimum amount of the\nbalance of the common fund for that day.\n(4) Before deciding the levy to be charged under this section, the\nPublic Trustee must take into account the advice of the Treasurer\nas to the value of the indemnity provided under section 97(4) and\nany guarantee provided under section 97(7).\n29 Minors\n(1) Where a person pays money to the Public Trustee for investment\nthereof in a common fund for the use and benefit of any person\nunder the age of 18 years, the Public Trustee may pay to the\nbeneficiary any interest which may accrue on the sum invested in\nthe same manner as if the beneficiary were of full age.\n(2) The receipt of a beneficiary of money paid to him or her by the\nPublic Trustee under subsection (1) shall be a sufficient discharge\nfor all money paid to him or her notwithstanding his or her\nincapacity or inability at law to contract or act for himself or herself.\n(3) The Public Trustee shall be discharged from liability in respect of\nany payments made by him or her under the authority of this\nsection.\n\nPart V Investment of estate funds and common funds\nPublic Trustee Act 1979 16\n","sortOrder":26},{"sectionNumber":"30","sectionType":"section","heading":"Loans to estates from common fund","content":"30 Loans to estates from common fund\n(1) Where, in any estate administered by the Public Trustee, there is\nreal or personal property but there is not money or not sufficient\nmoney available in the estate for the purpose of meeting the\npayment of:\n(a) the expenses properly incurred by the Public Trustee in the\nadministration of the estate;\n(b) creditors or beneficiaries; or\n(c) money required to carry to full effect any power or discretion\nwhich is vested in the Public Trustee,\nthe Public Trustee may, with the approval of the Investment Board,\nadvance to the estate sufficient money out of a common fund in\nwhich money from the estate is invested as may be necessary for\nthe purpose.\n(2) The Public Trustee shall not advance an amount greater than the\nvalue of the real and personal property in the estate as estimated in\naccordance with the valuation approved by the Investment Board\nless the amount of any debts, actual or contingent, owing by the\nestate.\n(3) A sum of money advanced under this section shall bear interest at\na rate approved by the Investment Board and shall be a charge\nupon the real and personal property of the estate.\n(4) The charge upon the real and personal property referred to in\nsubsection (3) shall rank next in priority to any mortgage or other\ncharge which is registered against or secured on the real or\npersonal property and of which the Public Trustee has notice at the\ntime of the making of an advance.\n(5) The Public Trustee may lodge a caveat claiming an interest in land\nas an equitable mortgagee against the title to any land registered\nunder the Land Title Act 2000 to protect the interest of a common\nfund and the Registrar-General may register the caveat.\n(6) A caveat may be lodged under subsection (5) by the Public Trustee\nnotwithstanding the fact that he or she is registered as a proprietor\nof an interest in land.\n","sortOrder":27},{"sectionNumber":"31","sectionType":"section","heading":"Advances to beneficiaries or estates","content":"31 Advances to beneficiaries or estates\n(1) Subject to this section, where a person is entitled to a share in an\nestate administered by the Public Trustee and the estate is not yet\nadministered to a stage where that payment can be made or the\n\nPart VI Acquisition of the right to administer estates\nPublic Trustee Act 1979 17\ninterest has not matured, the Public Trustee may, with the approval\nof the Investment Board, make an advance out of a common fund\nin which money from the estate is invested to that person not\nexceeding in aggregate two thirds of the value of his or her share\nas estimated by the Public Trustee and approved by the Investment\nBoard.\n(2) An advance made under subsection (1) shall bear interest at a rate\nfixed by the Investment Board from time to time.\n(3) An advance made under this section and interest that has accrued\nthereon shall, by force of this Act and without any instrument of\nassignment, be a first charge on the share of the person so entitled.\n(4) The Public Trustee may issue a certificate under seal stating the\namount advanced under this section and interest owing on the date\nspecified in the instrument, the person to whom the advances have\nbeen made and the share against which they are made and the\ncertificate shall be evidence of the facts stated in it.\n(5) The provisions of this section shall not apply to the share of any\nperson which is, for the time being, subject to any contingency or is\nnot indefeasibly vested.\n(6) An advance made to a person under this section, any interest\nthereon, or costs, charges and expenses due in connection with the\nadvance or the recovery of the advance shall, in the absence of an\nexpress agreement, be repayable on demand and may be\nrecovered from the person to whom the moneys have been\nadvanced in any court of competent jurisdiction.\n(7) The Public Trustee may, at any time without notice sell, mortgage,\ncharge or otherwise deal with the share against which an advance\nhas been made under this section.\nPart VI Acquisition of the right to administer estates\n","sortOrder":28},{"sectionNumber":"32","sectionType":"section","heading":"Public Trustee may be appointed trustee, &c.","content":"32 Public Trustee may be appointed trustee, &c.\n(1) A court, judge or person who has power to appoint any of the\nfollowing:\n(a) an executor;\n(b) an administrator;\n(c) an agent;\n(d) an administrator pendente lite;\n\nPart VI Acquisition of the right to administer estates\nPublic Trustee Act 1979 18\n(e) a trustee;\n(f) a receiver;\n(g) a manager or committee of the estate of a person under any\nlaw in the Northern Territory relating to mental health or\nprotected persons;\n(h) a guardian of the estate of any person;\n(j) an attorney;\n(k) a decision maker (as defined in section 3 of the Advance\nPersonal Planning Act 2013);\nmay appoint the Public Trustee, either alone or jointly with another\nperson, and the Public Trustee may act in that capacity.\n(2) Notwithstanding any law in force in the Northern Territory, a trustee\nis discharged from his or her trust and the powers and duties\nconferred upon him or her if, with the consent of the Public Trustee,\nhe or she resigns leaving or appointing the Public Trustee as sole\ntrustee.\n(3) Where a trustee is incapable of acting or has died, then the person\nnominated for the purposes of appointing new trustees by the\ninstrument creating the trust or, if there is no person able or willing\nso to act, the continuing or surviving trustee, or the personal\nrepresentative of the last surviving trustee, may, notwithstanding\nany law in force in the Northern Territory, appoint the Public\nTrustee, if the Public Trustee consents, to be the sole trustee and\nthereby discharges from the date of appointment of the Public\nTrustee the former trustee from his or her trust and the powers and\nduties conferred upon him or her by that trust.\n(4) Where the Public Trustee is appointed to any of the offices or\npositions referred to in subsection (1), the Public Trustee may\nexercise, perform and discharge all the powers and duties and shall\nbe liable to all the obligations pertaining to the office or position to\nwhich the Public Trustee is appointed.\n(5) Notwithstanding the provisions of any other Act, or rule, or law to\nthe contrary, the Public Trustee upon becoming executor,\nadministrator or trustee pursuant to the provisions of this Part shall\nnot be obliged to inquire into or to institute any proceedings in\nrespect of any acts or omissions or distributions done or omitted or\nmade by any other person whether as executor, administrator,\ntrustee or otherwise at any time before the Public Trustee became\nthe executor, administrator or trustee as aforesaid.\n\nPart VI Acquisition of the right to administer estates\nPublic Trustee Act 1979 19\n","sortOrder":29},{"sectionNumber":"33","sectionType":"section","heading":"An executor, &c., may appoint Public Trustee","content":"33 An executor, &c., may appoint Public Trustee\n(1) An executor or administrator acting under any grant of probate or\nletters of administration, a receiver appointed by the Court, a\ncommittee or manager appointed to manage the estate of a person\nunder any law in the Northern Territory relating to mental health or\nprotected persons, or a guardian of the estate of any person, may,\nwith the consent of the Court, appoint the Public Trustee to\nexercise, perform and discharge all the powers and duties of that\nexecutor, administrator, receiver, committee or guardian.\n(2) Notice of the intended application under this section for the consent\nof the Court and the date on which it is intended to be made shall\nbe advertised once in a newspaper published in the Northern\nTerritory at least 7 days before the making of the application.\n(3) The Court may require a person entitled to receipt of any of the\nincome or corpus of the estate in respect of which the application is\nmade or any other person to be served with a notice of the\napplication.\n(4) The costs of the application and any appearances are in the\ndiscretion of the Court and may be ordered to be paid out of the\nestate.\n(5) Where the Public Trustee is appointed pursuant to this section, the\nperson in whose place the Public Trustee is appointed is released\nfrom all liability in respect of acts done or omitted to be done by the\nPublic Trustee acting under an appointment pursuant to this\nsection.\n","sortOrder":30},{"sectionNumber":"34","sectionType":"section","heading":"Public Trustee may administer estate of intestate person","content":"34 Public Trustee may administer estate of intestate person\n(1) Where a person dies intestate leaving real or personal property\nsituated in the Territory, the Public Trustee may apply for and\nobtain grant of administration of that person's estate.\n(2) Where a person dies intestate and the Public Trustee is not entitled\nto apply for a grant of administration under subsection (1), the\nPublic Trustee may, with leave of the Court, apply for and obtain a\ngrant of administration of that person's estate.\n(3) The Public Trustee shall be entitled as of right to the grant of\nadministration in an application made under subsection (1).\n(4) If at any time before or after the grant of administration to the Public\nTrustee under this section a person who is entitled to the grant of\nletters of administration of the estate of a deceased person applies\nfor a grant of letters of administration, the Court may grant letters of\nadministration to that person.\n\nPart VI Acquisition of the right to administer estates\nPublic Trustee Act 1979 20\n(5) It shall not be necessary for the Public Trustee to give notice of an\napplication under subsection (1) to any person who may be entitled\nto the grant of letters of administration of the estate of a deceased\nperson and the Court shall not require the Public Trustee to give\nany such notice.\n(6) Immediately on the grant of letters of administration of the estate of\na deceased person pursuant to the provisions of subsection (4):\n(a) all the functions, powers, authorities, discretions, rights and\nduties of the Public Trustee, other than the rights reserved by\nthis subsection, in relation to the estate of the testator and all\nliability of the Public Trustee under any contract entered into\nby the Public Trustee affecting or relating to the estate shall\npass to the person obtaining probate or letters of\nadministration with the will annexed and no claim shall\nthereafter lie against the Public Trustee in respect of any such\nliability; and\n(b) subject to payment to the Public Trustee of all money due for\ncommission, disbursements, costs, charges and expenses\naffecting the estate, including the costs of the Public Trustee\nof and incidental to the application for probate or letters of\nadministration with the will annexed referred to in\nsubsection (3), the remainder of the estate as is then\nunadministered by the Public Trustee shall vest in the person\nobtaining probate or letters of administration.\n","sortOrder":31},{"sectionNumber":"36","sectionType":"section","heading":"Public Trustee may act as sole trustee","content":"36 Public Trustee may act as sole trustee\n(1) Where a will, codicil, deed or other instrument provides for or\ndirects the appointment of 2 or more trustees the trustees\nappointed under any such will, codicil, deed or other instrument or\nany other person having the power to appoint new trustees thereof\nmay appoint the Public Trustee as sole trustee under the will,\ncodicil, deed or other instrument unless the appointment of the\nPublic Trustee as sole trustee is expressly prohibited by the will,\ncodicil, deed or other instrument.\n(2) An appointment under subsection (1) may be made without\nobtaining the consent of the Court.\n(3) The Public Trustee appointed in pursuance of this section as a sole\ntrustee may act lawfully as sole trustee.\n\nPart VI Acquisition of the right to administer estates\nPublic Trustee Act 1979 21\n","sortOrder":32},{"sectionNumber":"37","sectionType":"section","heading":"Court may give consent","content":"37 Court may give consent\nWhere the consent of a person is required before the appointment\nof an administrator or trustee and the person:\n(a) refuses to consent to the Public Trustee being appointed;\n(b) is absent from the Territory;\n(c) is not of full age;\n(d) is not of full mental capacity; or\n(e) is under any other disability,\nthe appointment of the Public Trustee may be made without\nconsent by leave of the Court.\n","sortOrder":33},{"sectionNumber":"38","sectionType":"section","heading":"Public Trustee to have powers of executor, &c., where","content":"38 Public Trustee to have powers of executor, &c., where\nappointed in substitution\nWhere the Public Trustee is given a grant of administration in\nsubstitution for the executor, administrator or trustee originally\nappointed, all property, functions, powers, authorities, discretions\nand rights vested in or conferred on the original executor,\nadministrator or trustee by the trust instrument shall, by the\nappointment, without conveyance, transfer or assignment or the\nexecution of any other instrument, become vested in and\nexercisable by the Public Trustee as fully and effectually as if he or\nshe had been named as such executor, administrator or trustee by\nthe instrument.\n","sortOrder":34},{"sectionNumber":"39","sectionType":"section","heading":"Public Trustee may apply for probate after 3 months","content":"39 Public Trustee may apply for probate after 3 months\n(1) Where a person dies testate leaving real or personal property in the\nTerritory and an application for probate of the will or letters of\nadministration with the will annexed is not made in the Territory\nwithin 3 months after the date of the death of the person, the Public\nTrustee may apply for a grant of administration and the Court may\nmake the grant unless the person entitled to probate or letters of\nadministration with the will annexed applies and shows to the\nsatisfaction of the Court that the delay in making the application for\nprobate or letters of administration with the will annexed is\nreasonable in all the circumstances.\n(2) Where the person entitled to the grant of probate or letters of\nadministration with the will annexed applies in accordance with\nsubsection (1), no costs shall be awarded against the Public\nTrustee and, unless the Court otherwise orders, the Public Trustee\nshall be entitled to his or her costs out of the estate of the deceased\n\nPart VI Acquisition of the right to administer estates\nPublic Trustee Act 1979 22\nperson.\n(3) Where the Public Trustee has been given a grant of administration\nunder subsection (1), a person entitled to probate or letters of\nadministration with the will annexed who has not renounced or\nrefused probate or letters of administration may apply himself or\nherself, or by his or her attorney, to the Court and the Court may, if\nit thinks fit, grant probate or letters of administration with the will\nannexed to that person or his or her attorney as the case may be in\nsuch manner and subject to such limitations or conditions as the\nCourt thinks proper.\n(4) An application shall not be made under subsection (3) until after the\nexpiration of 14 days from the date of service upon the Public\nTrustee of a notice in writing of the intention of the intended\napplicant, or his or her attorney, to apply for probate or letters of\nadministration with the will annexed in that estate.\n(5) Immediately on the grant of probate or letters of administration with\nthe will annexed pursuant to the provisions of subsection (3):\n(a) all the functions, powers, authorities, discretions, rights and\nduties of the Public Trustee, other than the rights reserved by\nthis subsection, in relation to the estate of the testator and all\nliability of the Public Trustee under any contract entered into\nby the Public Trustee affecting or relating to the estate shall\npass to the person obtaining probate or letters of\nadministration with the will annexed and no claim shall\nthereafter lie against the Public Trustee in respect of any such\nliability; and\n(b) subject to payment to the Public Trustee of all money due for\ncommission, disbursements, costs, charges and expenses\naffecting the estate, including the costs of the Public Trustee\nof and incidental to the application for probate or letters of\nadministration with the will annexed referred to in\nsubsection (3), the remainder of the estate as is then\nunadministered by the Public Trustee shall vest in the person\nobtaining probate or letters of administration.\n","sortOrder":35},{"sectionNumber":"40","sectionType":"section","heading":"Proof of death testacy or intestacy","content":"40 Proof of death testacy or intestacy\nOn an application by the Public Trustee for a grant of\nadministration, in the absence of evidence to the contrary, no\nfurther proof of the death testacy or intestacy of any person shall be\nrequired than an affidavit by the Public Trustee that, after due\ninquiries, the Public Trustee is satisfied that the person has died,\neither testate or intestate, as the case may be.\n\nPart VI Acquisition of the right to administer estates\nPublic Trustee Act 1979 23\n","sortOrder":36},{"sectionNumber":"41","sectionType":"section","heading":"Public Trustee may act as agent for reseal","content":"41 Public Trustee may act as agent for reseal\nThe Public Trustee may act as agent for the purpose of obtaining a\nreseal in the Territory of a grant of administration obtained outside\nthe Territory.\n","sortOrder":37},{"sectionNumber":"42","sectionType":"section","heading":"Court may direct Public Trustee to act on behalf of a person","content":"42 Court may direct Public Trustee to act on behalf of a person\n(1) A court may direct the Public Trustee to represent any party in any\nproceedings or any person or class of persons interested in any\nproceedings before the court.\n(2) The Public Trustee shall be entitled to be represented in\nproceedings referred to in subsection (1) and the costs and\nexpenses of any such representation, as between solicitor and\nclient, together with a reasonable fee for the services of the Public\nTrustee, shall be paid to the Public Trustee out of any estate, funds\nor property, the subject matter of the proceedings, or otherwise as\nthe court thinks fit.\n","sortOrder":38},{"sectionNumber":"43","sectionType":"section","heading":"Public Trustee entitled to costs","content":"43 Public Trustee entitled to costs\n(1) On an application by the Public Trustee, whether in common form\nor in solemn form, for a grant of administration, the Public Trustee\nshall be entitled to his or her costs out of the estate and shall not be\nliable for the costs of any other person.\n(2) Where the beneficiaries entitled under an intestacy cannot agree as\nto the person to be appointed administrator, and the Public Trustee,\nat the request of one or more of those beneficiaries, applies for a\ngrant of administration, the Public Trustee shall not be liable for the\ncosts of any other person, and shall be entitled to his or her costs\nout of the estate whether the Public Trustee is appointed the\nadministrator or not.\n","sortOrder":39},{"sectionNumber":"44","sectionType":"section","heading":"Caveat","content":"44 Caveat\nWhere a caveat is lodged against an application by the Public\nTrustee for a grant of administration, the Registrar of Probates shall\nfurnish the Public Trustee a copy of the caveat.\n","sortOrder":40},{"sectionNumber":"45","sectionType":"section","heading":"Trustees may delegate to Public Trustee","content":"45 Trustees may delegate to Public Trustee\n(1) Where a trustee of a trust estate is empowered to delegate all or\nany of his or her functions, powers, authorities, discretions or rights\nto any person, he or she may delegate the same to the Public\nTrustee with his or her consent and in any such case the Public\nTrustee may exercise all the functions, powers, authorities,\ndiscretions and rights so delegated.\n\nPart VI Acquisition of the right to administer estates\nPublic Trustee Act 1979 24\n(2) The Public Trustee shall be entitled to charge such fees as are\nprescribed or as may be agreed, not exceeding the prescribed fees\nwhere a fee is prescribed, by a trustee delegating to the Public\nTrustee under subsection (1).\n","sortOrder":41},{"sectionNumber":"48","sectionType":"section","heading":"Public Trustee may object","content":"48 Public Trustee may object\n(1) Where a person dies leaving real or personal property situated in\nthe Territory and a person other than the Public Trustee makes\napplication for the administration of the estate of the deceased\nperson and the Public Trustee believes that there are substantial or\nreasonable grounds for opposing the grant but there is no person in\nthe Territory beneficially interested in opposing the grant who is of\nfull age and of full mental capacity, the Public Trustee may:\n(a) if he or she thinks it expedient lodge a caveat against the\napplication for the administration pursuant to the\nAdministration and Probate Act; and\n(b) apply ex parte to a Judge in Chambers for direction.\n(2) Where an application is made under subsection (1)(b) to a Judge in\nChambers, the Judge may direct the Public Trustee to represent\nthe persons who may be prejudicially affected by the grant and in\nthe corporate name of the Public Trustee oppose the grant on their\nbehalf.\n(3) All costs, charges and expenses incurred by the Public Trustee\npursuant to any directions given by the Judge under\nsubsection (1)(b) shall be paid out of the estate of the deceased\nperson.\n","sortOrder":42},{"sectionNumber":"49","sectionType":"section","heading":"Indemnity where bona fide mistake as to death, &c.","content":"49 Indemnity where bona fide mistake as to death, &c.\n(1) Where the Public Trustee:\n(a) has obtained a grant of administration;\n(b) is administering an estate by virtue of the powers conferred on\nhim or her under this Part; or\n(c) is appointed or is acting as the executor or a trustee under a\nwill,\nand the person whose estate is being administered:\n(d) is alive;\n(e) did not die intestate;\n\nPart VI Acquisition of the right to administer estates\nPublic Trustee Act 1979 25\n(f) executed a will which revoked or altered the will under which\nthe Public Trustee is administering the estate; or\n(g) has rendered the authority of the Public Trustee of no effect,\nall acts and things done or omitted to be done by the Public Trustee\nin good faith shall be as good, valid and effectual as if the Public\nTrustee has been lawfully appointed or entitled to act as such\nexecutor, administrator or trustee.\n(2) The onus of proving that the Public Trustee has not acted in good\nfaith in respect of any of the matters referred to in subsection (1)\nshall be upon the person who alleges it.\n","sortOrder":43},{"sectionNumber":"50","sectionType":"section","heading":"Public subscriptions to funds, &c.","content":"50 Public subscriptions to funds, &c.\n(1) Where a fund is raised by public or private subscription for the\nbenefit or relief of any person or class of person, the person\nresponsible for the raising of the fund may, with the consent of the\nPublic Trustee or by leave of the Court, deposit the fund with the\nPublic Trustee for administration upon such terms and conditions\nas may be agreed between that person and the Public Trustee or\nas may be ordered by the Court.\n(2) The Public Trustee may, at any time, apply to the Court for\ndirections for the administration of the fund administered by him or\nher under this section.\n(3) The Public Trustee shall administer a fund established under this\nsection in accordance with the agreed or approved terms.\n(4) The Attorney-General may apply to the Court for confirmation or\nvariation of the terms of a fund administered by the Public Trustee\nunder this section.\n","sortOrder":44},{"sectionNumber":"51","sectionType":"section","heading":"Notice of application to be served","content":"51 Notice of application to be served\n(1) Where a person applies to a court for an order:\n(a) directing a payment to be made to the Public Trustee;\n(b) vesting property in the Public Trustee; or\n(c) appointing the Public Trustee as administrator, trustee,\nmanager, guardian or committee,\nthe Court shall not make an order without the consent of the Public\nTrustee or until the expiration of a period of 14 days after the\nservice of a notice on the Public Trustee by the person applying to\nthe Court.\n\nPart VI Acquisition of the right to administer estates\nPublic Trustee Act 1979 26\n(2) Where a court makes an order:\n(a) directing a payment to be made to the Public Trustee;\n(b) vesting property in the Public Trustee; or\n(c) appointing the Public Trustee as administrator, trustee,\nmanager, guardian or committee,\non the application of a person other than the Public Trustee, that\nperson shall serve a sealed copy of the order of the court upon the\nPublic Trustee and deliver to the Public Trustee a statement of the\nproperty affected by the order within 28 days of the making of the\norder.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(3) The statement of property affected by an order referred to in\nsubsection (2) shall give details of where the property is situated, by\nwhom it is held, details of any outstanding liabilities against the\nproperty and such other details as may be prescribed.\n","sortOrder":45},{"sectionNumber":"52","sectionType":"section","heading":"Refusal to accept by Public Trustee","content":"52 Refusal to accept by Public Trustee\n(1) The Public Trustee may refuse to accept an appointment in any\ncapacity other than an appointment made by order of the Court.\n(2) Where the Public Trustee refuses to accept an appointment under\nsubsection (1), the person making the appointment or a person\nbeneficially entitled to an interest in property the subject of the\nappointment, or a person who is otherwise entitled to claim an\ninterest as next friend or guardian ad litem on behalf of the person\ninterested in property the subject of the appointment, may apply to\nthe Court for an order that the Public Trustee be appointed.\n(3) Where the Public Trustee refuses an appointment under this\nsection, the Public Trustee shall serve notice on all persons\ninterested in the appointment.\n\nPart VIII Unclaimed property\nPublic Trustee Act 1979 27\nPart VIII Unclaimed property\n","sortOrder":46},{"sectionNumber":"58","sectionType":"section","heading":"Appointment of Public Trustee as manager","content":"58 Appointment of Public Trustee as manager\nWhere, after due inquiry, it is not known with respect to the\nownership of any real or personal property in the Territory:\n(a) who is the owner of the property;\n(b) where the owner of the property is; or\n(c) whether the owner of the property is alive or dead,\nsubject to this Part, the Public Trustee may be appointed manager\nof the property.\n","sortOrder":47},{"sectionNumber":"59","sectionType":"section","heading":"Public Trustee may apply","content":"59 Public Trustee may apply\n(1) The Public Trustee may apply to the Court to be appointed\nmanager of any property to which section 58 applies.\n(2) An application under subsection (1) may be made ex parte by the\nPublic Trustee to the Court and, on the Court being satisfied that\nthe appointment is advisable in the interests of the owner of the\nproperty or in the interests of any other person, the Court may order\nthat the Public Trustee be appointed as the manager of that\nproperty.\n(3) The Public Trustee shall cause a notice of his or her application for\nappointment as manager under this section to be published in the\nGazette.\n(4) In any case where the Court considers that due inquiry has not\nbeen made as to the owner of a property or of his or her\nwhereabouts in any application made under subsection (1) the\nCourt may before making any order, require further inquiry to be\nmade and adjourn the application.\n(5) No property shall vest in the Public Trustee by reason only of the\nfact that he or she is appointed or becomes manager of that\nproperty under this section.\n(6) The Public Trustee may apply to the Court for an order vesting the\nproperty the subject of this section in the Public Trustee as\nmanager.\n\nPart VIII Unclaimed property\nPublic Trustee Act 1979 28\n","sortOrder":48},{"sectionNumber":"59A","sectionType":"section","heading":"Public Trustee to be deemed manager","content":"59A Public Trustee to be deemed manager\nWhere, pursuant to a law in force in the Territory, legal title to\nproperty of a kind referred to in section 58 is for the time being\nvested in the Public Trustee, the Public Trustee shall be deemed to\nhave been appointed manager of that property for the purposes of\nsection 59 and sections 60 to 67, inclusive, apply accordingly.\n","sortOrder":49},{"sectionNumber":"60","sectionType":"section","heading":"Powers as manager","content":"60 Powers as manager\n(1) Unless the Court otherwise orders, the powers of the Public Trustee\nas manager under this Part of any real or personal property are:\n(a) to take or to recover possession of the property and to recover\nall money, damages and mesne profits payable to the owner\nin respect of the property whether the payment became due\nbefore or after the Public Trustee became manager of the\nproperty;\n(b) to apply the property, money, damages or mesne profits, or\nany part thereof or income there from, for the maintenance or\neducation, including past maintenance or education, or the\nadvancement or benefit, in such manner as the Public Trustee\nin his or her absolute discretion thinks fit, of a spouse or\nde facto partner or children of the owner of the property or any\nother person who is or was dependent upon the owner;\n(c) to complete, carry out, perform or enforce in such manner as\nthe Public Trustee may think fit, any contract affecting the\nproperty or entered into by the owner, and exercise any\npowers conferred by any such contract;\n(d) to pay out of money received, advanced or borrowed by the\nPublic Trustee in the exercise of any powers conferred by this\nPart, any mortgages, charges or other obligations on or\nattached to the property, and any debts or other liabilities of\nthe owner of the property;\n(e) to perform or discharge any obligation or duty imposed by any\nAct or otherwise upon the owner of the property;\n(f) to do anything requisite to obtaining or perfecting the title to\nthe property;\n(g) in the case of real property, to cut and gather crops growing or\nsituated on the real property and to erect fences on or around\nthe property or to contribute to the erection of any dividing or\nboundary fences;\n\nPart VIII Unclaimed property\nPublic Trustee Act 1979 29\n(h) to repair property and raise money on the security of the\nproperty for that purpose;\n(j) to exercise any power of sale or other powers conferred upon\nthe owner by any mortgage, lease, Act or instrument;\n(k) to pay or retain all commission, charges and expenses as may\nbe fixed by law;\n(m) in the name of the owner or, at the Public Trustee's discretion,\nin the corporate name of the Public Trustee, to bring any\naction or other proceeding relating to the property, and to\ndefend, confess, compromise or submit to judgment in any\naction, demand or proceedings touching or concerning the\nproperty;\n(n) to exercise all the powers which are conferred upon the Public\nTrustee by this Act relating to the capacity of the Public\nTrustee as a trustee; and\n(p) to exercise in respect of the property all other powers that may\nbe conferred upon the Public Trustee by the Court.\n(2) Any money which the Public Trustee may wish to raise pursuant to\nthe powers conferred by or under this section may be advanced\nfrom a common fund or borrowed from any other source.\n(3) All deeds and other documents executed by the Public Trustee as\nmanager of any property under this Part shall have effect and may\nbe registered in all respects as if they were executed by the owner\nof the property.\n(4) Where a deed or instrument or document is executed by the Public\nTrustee in the exercise of his or her powers under this Part, no\ncourt or employee or person shall be concerned to see or to inquire\nwhether those powers had or had not become exercisable.\n","sortOrder":50},{"sectionNumber":"61","sectionType":"section","heading":"Payment for improvements","content":"61 Payment for improvements\n(1) The Public Trustee may make such payment or allowance for the\nvalue of improvements made on, to or in respect of any property of\nwhich the Public Trustee is manager under this Part or for any\nmoney expended on or in respect of the property as is reasonable.\n(2) A payment under subsection (1) may be made even though the\nrecovery at law cannot be maintained.\n\nPart VIII Unclaimed property\nPublic Trustee Act 1979 30\n","sortOrder":51},{"sectionNumber":"62","sectionType":"section","heading":"Application for directions","content":"62 Application for directions\n(1) The Public Trustee, as manager of any property under this Part,\nmay apply ex parte to the Court for directions concerning the\nproperty or in respect of the management or administration of the\nproperty or the exercise of any power or discretion which the Public\nTrustee may have.\n(2) The Court may order that an application under subsection (1) be\nserved upon any person it thinks fit.\n","sortOrder":52},{"sectionNumber":"63","sectionType":"section","heading":"Unclaimed moneys part of the common fund","content":"63 Unclaimed moneys part of the common fund\nAny money for the time being held by the Public Trustee under this\nPart shall form part of a common fund.\n","sortOrder":53},{"sectionNumber":"64","sectionType":"section","heading":"Commission, &c., a charge","content":"64 Commission, &c., a charge\n(1) All expenditure incurred by the Public Trustee as manager of any\nproperty under this Part and all fees, costs, commission, charges,\ninterests and expenses incurred by, or payable to, the Public\nTrustee as manager of any property under this Part shall be a\ncharge on the property which charge shall rank next in priority to\nany mortgage or charge to which the property is subject when the\nPublic Trustee is appointed as manager.\n(2) The amount of money for the time being charged on the property\nunder subsection (1) shall bear interest at a rate fixed from time to\ntime by the Public Trustee.\n","sortOrder":54},{"sectionNumber":"65","sectionType":"section","heading":"Money to be held for owner","content":"65 Money to be held for owner\n(1) Where the Public Trustee acts under this Part and takes\npossession of property or receives or recovers any money,\ndamages or mesne profits in respect of any property under this\nPart, the property, money, damages or mesne profits shall, after\npayment of all moneys authorized to be applied or expended or\ncharged by the Public Trustee, be held by the Public Trustee for the\nowner of the property.\n(2) The Public Trustee may pay any money received under\nsubsection (1) to the Central Holding Authority and if any person\nestablishes to the satisfaction of the Treasurer that he or she has a\nclaim to that money the Treasurer shall meet the claim out of\nmoney legally available for that purpose.\n\nPart VIII Unclaimed property\nPublic Trustee Act 1979 31\n","sortOrder":55},{"sectionNumber":"66","sectionType":"section","heading":"Application by another person","content":"66 Application by another person\n(1) Subject to this section, the Court may order, upon the application of\nany person, that the Public Trustee ceases to be manager of\nproperty under this Part.\n(2) The Court may make an order under subsection (1) where it is\nsatisfied that:\n(a) the applicant or some other person is lawfully entitled to the\nproperty; or\n(b) a period of not less than 7 years has elapsed since the Public\nTrustee was appointed manager of the property and that\nnotwithstanding due inquiry, the owner of the property has not\nbeen ascertained.\n(3) Where the Court is satisfied that the applicant or some other person\nis the owner of the property, the Court in making an order under\nsubsection (1) shall order that the property be transferred to the\nowner of the property.\n(4) Where the Court is satisfied that the owner cannot be ascertained\nin accordance with subsection (2)(b), the Court shall order that the\nproperty be converted into money and that the money be paid into\nthe Central Holding Authority.\n","sortOrder":56},{"sectionNumber":"67","sectionType":"section","heading":"Payment of claim","content":"67 Payment of claim\nWhere an order is made under section 66(4) and a person later\nestablishes to the satisfaction of the Treasurer that he or she has a\nclaim to the property that was converted into money and pursuant\nto the order of the Court such money was paid into the Central\nHolding Authority, the Treasurer shall meet the claim out of money\nlegally available for that purpose.\n","sortOrder":57},{"sectionNumber":"67A","sectionType":"section","heading":"Bona vacantia","content":"67A Bona vacantia\n(1) Where, by virtue of section 66 of the Administration and Probate\nAct 1969 or another law in force in the Territory, an estate or\ninterest in property, whether real or personal, is or is deemed to be\nbona vacantia to which the Territory is entitled, the Public Trustee\nmay take such lawful action as is necessary or desirable to call in,\nrecover, receive, sell, convert or otherwise dispose of or deal with\nthe estate in property.\n\nPart IX Miscellaneous\nPublic Trustee Act 1979 32\n(2) Without limiting the power of the Public Trustee under\nsubsection (1), the Public Trustee may, in relation to an estate or\ninterest in property referred to in that subsection:\n(a) apply for letters of administration, with or without a will\nannexed;\n(b) execute all instruments, including instruments under the Land\nTitle Act 2000, deeds and documents which are necessary to\ntransfer the estate or interest in property;\n(c) from amounts received, pay out liabilities, debts, costs,\ncharges and expenses properly incurred and chargeable\nagainst the estate or interest in property; and\n(d) give a valid receipt to a person.\n(3) The Public Trustee shall pay the net proceeds from property\nreferred to in subsection (1) into the Central Holding Authority.\n(4) This section does not apply to, or in relation to, property which is\nvested in the Australian Securities and Investments Commission by\nthe Corporations Act 2001.\nPart IX Miscellaneous\n","sortOrder":58},{"sectionNumber":"69","sectionType":"section","heading":"Application to Court by Public Trustee","content":"69 Application to Court by Public Trustee\n(1) Where the Public Trustee is acting in the administration of an\nestate, the Public Trustee may, in respect of any matter arising in\nthe course of that administration, apply ex parte to the Court for\napproval, advice or direction upon a written statement setting out\nthe facts.\n(2) Upon any application under subsection (1) it shall not be necessary\nto serve notice of the application on any person or party, unless the\nCourt so directs.\n","sortOrder":59},{"sectionNumber":"70","sectionType":"section","heading":"Administration of Public Trustee may be referred to Court","content":"70 Administration of Public Trustee may be referred to Court\n(1) Upon an application to the Court, by any person showing to the\nsatisfaction of the Court that he or she has an interest in any\nproperty for the time being administered by the Public Trustee, the\nCourt may summon the Public Trustee to attend at a time and place\nin the summons mentioned for the purpose of answering the\nallegations of the petition.\n\nPart IX Miscellaneous\nPublic Trustee Act 1979 33\n(2) The Court, on the hearing of such summons may:\n(a) make such order in relation to the conduct of the Public\nTrustee in the matter giving rise to such petition as the Court\nthinks fit; and\n(b) order the Public Trustee to produce or to pay and deliver over\nall money, books and documents in his or her possession,\ncontrol or custody to any person or persons named in such\norder.\n","sortOrder":60},{"sectionNumber":"71","sectionType":"section","heading":"Payments, &c. to Public Trustee pursuant to court orders","content":"71 Payments, &c. to Public Trustee pursuant to court orders\n(1) If a court has adjudged, ordered or decreed that money be paid, or\nproperty, real or personal, be delivered up or transferred to a party\nto a cause or matter, or to any other person, that court may direct in\nits judgment, order or decree that such money or property be paid,\ndelivered up or transferred to the Public Trustee on behalf of such\nparty or other person.\n(2) The Public Trustee shall, where an order under subsection (1) is\nserved upon him or her, accept payment, delivery or transfer, as the\ncase may be, of the money or property and the acceptance shall be\na sufficient discharge to the person paying, delivering or\ntransferring that money or property.\n(3) The Public Trustee shall hold money or property accepted under\nthis section upon trust to apply the same and the income from it in\nthe manner and for the benefit of the party or other person directed\nin the judgment, order or decree, or in such manner and for the\nbenefit of such person as the court by which the judgment, order or\ndecree was made, may from time to time direct.\n(4) Subject to any direction of the court by which the judgment, order or\ndecree was given or made, the Public Trustee shall have all rights\nand powers, and shall undertake all duties and liabilities, of a\ntrustee, subject and according to the provisions of this Act, in\nrelation to the money or property.\n(5) In this section court means any court, or person acting judicially,\nexercising jurisdiction either within or outside the Northern Territory.\n\nPart IX Miscellaneous\nPublic Trustee Act 1979 34\n","sortOrder":61},{"sectionNumber":"72","sectionType":"section","heading":"General power","content":"72 General power\nWhere the Public Trustee is executor, administrator or trustee, or is\nguardian or is otherwise authorized to act in the administration of an\nestate, unless the contrary intention is expressed in the governing\ninstrument, the Public Trustee may in his or her discretion exercise\nthe following powers:\n(a) where the power is to raise money by mortgage, to raise\nmoney by borrowing without giving security;\n(b) to pay or discharge all debts, liabilities, obligations, costs and\nexpenses;\n(c) to insure both real and personal property against any\ncontingency;\n(d) to carry out or vary contracts entered into before the\nappointment of the Public Trustee;\n(e) to set off against the claim of any person with respect to any\nestate money owing by the claimant whether to the same\nestate or to another estate under the administration of the\nPublic Trustee;\n(f) to grant a power of attorney to a person either in or out of the\nNorthern Territory to do any act or thing which the Public\nTrustee could do;\n(g) to bring or defend any action, suit or other proceeding, and\nsuffer judgment to go by default, or to consent to any\njudgment, decree or order in an action, suit or proceeding\nupon such terms and conditions as the Public Trustee thinks\nfit;\n(h) to take proceedings to cause any person to be adjudicated a\nbankrupt, or any company to be placed in liquidation, and to\nvote and act either personally or by proxy at meetings of\ncreditors or shareholders;\n(j) to take criminal proceedings touching or concerning the\nproperty of the Public Trustee or property which is within the\ncare, control or custody of the Public Trustee, and for the\npurposes of the proceedings a certificate given under the seal\nof the Public Trustee shall, unless the contrary is proved, be\nsufficient evidence to establish that the property is the\nproperty of the Public Trustee or is within the care, control or\ncustody of the Public Trustee; and\n\nPart IX Miscellaneous\nPublic Trustee Act 1979 35\n(k) at the expense of an estate, to employ such persons as the\nPublic Trustee thinks fit for the purposes of advising and\nassisting the Public Trustee in the administration or\nmanagement of the estate or any part of the estate and to\nremunerate such persons in such manner as the Public\nTrustee thinks fit.\n","sortOrder":62},{"sectionNumber":"72A","sectionType":"section","heading":"Certificate of Public Trustee","content":"72A Certificate of Public Trustee\n(1) Where the Public Trustee is acting as executor, administrator,\nattorney, trustee, receiver, manager, committee or guardian, a\ncertificate under the seal of the Public Trustee certifying:\n(a) the capacity referred to in this subsection in which the Public\nTrustee is authorized to act;\n(b) the manner in which the Public Trustee became authorized to\nact in that capacity;\n(c) the time at which the Public Trustee became authorized to act\nin that capacity;\n(d) that the real or personal property described in the certificate\nforms part of the estate in respect of which the Public Trustee\nis acting,\nshall, without further proof, be accepted by all courts, employees\nand persons, whether acting under an Act or not, as sufficient\nevidence of the respective matters so certified.\n(2) Where the Public Trustee is executor of, or has a grant of\nadministration of, the estate of any deceased person, a certificate\nby the Public Trustee under his or her seal certifying all or any of\nthe following facts, namely:\n(a) the name of the deceased;\n(b) the residential address of the deceased at the time of his or\nher death;\n(c) the occupation of the deceased immediately prior to the time\nof his or her death;\n(d) the nature or form of the authority by which the Public Trustee\nis administering the estate;\n(e) the date of granting of the authority referred to in\nparagraph (d);\n\nPart IX Miscellaneous\nPublic Trustee Act 1979 36\n(f) the reference number of the authority referred to in\nparagraph (d);\n(g) the manner in which the Public Trustee became authorized to\nadminister the estate; and\n(h) the time at which the Public Trustee became authorized to\nadminister the estate,\nshall, without further proof, be accepted by all courts, employees\nand persons, whether acting under an Act or not, as sufficient\nevidence of the respective matters so certified.\n(3) A certificate made in pursuance of subsection (1) in relation to any\nproperty registered under the Land Title Act 2000 shall be sufficient\nevidence for the Registrar-General to register the Public Trustee as\nthe proprietor of the estate or interest described in the certificate.\n(4) Where the Public Trustee is acting jointly with another person in\nany of the capacities mentioned in subsection (1) or (2), a certificate\nissued in accordance with the conditions of this section shall be\naccepted by all courts, employees and persons, whether acting\nunder an Act or not, as sufficient evidence of the facts set out\ntherein without any other proof.\n","sortOrder":63},{"sectionNumber":"73","sectionType":"section","heading":"Public Trustee may act on information","content":"73 Public Trustee may act on information\n(1) The Public Trustee may, in the administration of a trust or an\nestate, or in the performance of a power or duty under this Act or\nany other Act, act on information as to matters of fact which to the\nPublic Trustee appear credible.\n(2) The Public Trustee may allow a claim which is made before him or\nher on oath or upon the affidavit, declaration or statement of the\nclaimant alone or, where the Public Trustee thinks fit to call for\nother evidence, upon such evidence as the Public Trustee requires.\n(3) The Public Trustee may at any time require a person to make a\nstatutory declaration or produce other sufficient evidence to support\na claim and may refuse to admit the claim or to take any action to\nacquit the claim until the declaration or evidence is produced.\n(4) Where the Public Trustee acts in good faith and in accordance with\nthis section in acquitting or refusing to acquit a claim, the Public\nTrustee shall not be liable for any damage suffered by a person by\nreason of the acquitting or failing to acquit a claim.\n\nPart IX Miscellaneous\nPublic Trustee Act 1979 37\n","sortOrder":64},{"sectionNumber":"74","sectionType":"section","heading":"Commissions, fees, charges and expenses","content":"74 Commissions, fees, charges and expenses\n(1) Subject to the direction of the Minister, the Public Trustee may\ncharge against an estate or trust or property under the\nmanagement or control of the Public Trustee commission, fees and\ncharges for services provided by the Public Trustee at the rate or\namount determined under subsection (2) or as is agreed.\n(2) The Minister may, by notice in the Gazette, determine rates or\namounts of commission, fees and charges that may be charged\nunder subsection (1).\n(3) Commission, fees and charges charged under subsection (1) are in\naddition to:\n(a) any other fees and levies charged under this Act; and\n(b) any expenses properly incurred by the Public Trustee in\nconnection with the estate, trust or property.\n(4) Commission, fees, charges and expenses:\n(a) may be deducted from money received or held by the Public\nTrustee in connection with the estate, trust or property in\nrespect of which the services to which the commission, fees or\ncharge relate were provided or the expenses were incurred; or\n(b) may be raised (together with the costs and expenses of doing\nso) by the sale or mortgage of, or the giving or taking of a\ncharge over, any property of the estate or trust in respect of\nwhich the services to which the commission or fees relate\nwere provided or the expenses were incurred.\n(5) The Public Trustee may authorise outgoings and maintenance\npayments from the common funds in respect of investments,\nincluding real property investments, that are under the management\nor control of the Public Trustee.\n","sortOrder":65},{"sectionNumber":"75","sectionType":"section","heading":"Public Trustee may sue Public Trustee acting in another","content":"75 Public Trustee may sue Public Trustee acting in another\ncapacity\n(1) The Public Trustee acting in one capacity may commence\nproceedings against the Public Trustee acting in another capacity.\n(2) Where the Public Trustee proposes to commence proceedings,\nunder subsection (1), the Public Trustee shall apply to the Court for\ndirections as to the manner in which the respective interests are to\nbe represented in the action.\n\nPart IX Miscellaneous\nPublic Trustee Act 1979 38\n","sortOrder":66},{"sectionNumber":"76","sectionType":"section","heading":"Auctions","content":"76 Auctions\n(1) Where the Public Trustee is realizing any personal property of an\nestate administered by him or her and the personal property is not\nof greater value than $2,000 in the opinion of the Public Trustee,\nthe Public Trustee may offer the personal property for sale by\nauction by an employee in the office of the Public Trustee.\n","sortOrder":67},{"sectionNumber":"77","sectionType":"section","heading":"Advertising for claims","content":"77 Advertising for claims\nWhere the Public Trustee is administering an estate under this Act\nhe or she may, from time to time, cause advertisements to be\npublished in such newspapers as the Public Trustee deems fit\ncalling upon persons who wish to claim against the estate to prove\ntheir debts or claims on or before a date fixed in the notice.\n","sortOrder":68},{"sectionNumber":"78","sectionType":"section","heading":"Intestate distributions","content":"78 Intestate distributions\nWhere the assets of an estate under administration by the Public\nTrustee are insufficient to pay the liabilities in full, the Public\nTrustee shall apply those assets in accordance with the priorities\napplicable to the distribution of assets under Part II of the Fourth\nSchedule to the Administration and Probate Act 1969.\n","sortOrder":69},{"sectionNumber":"79","sectionType":"section","heading":"Balance of estates held on trust","content":"79 Balance of estates held on trust\nAfter payment or deduction of all debts, fees, commission and\nexpenses incidental to the collection, management and\nadministration of an estate, the Public Trustee shall hold the\nresidue of the estate for the person or persons lawfully entitled to\nthe same subject to any further claim for commission or expenses\nthat the Public Trustee may from time to time have.\n","sortOrder":70},{"sectionNumber":"81","sectionType":"section","heading":"Infants","content":"81 Infants\nSubject to this Act, where a beneficiary to an estate being\nadministered by the Public Trustee is an infant, the Public Trustee\nshall hold the infant beneficiary's interest in the estate upon trust for\nthe infant until he or she is sui juris.\n","sortOrder":71},{"sectionNumber":"83","sectionType":"section","heading":"Insurance premiums","content":"83 Insurance premiums\nWhere the Public Trustee pays a premium in respect of a policy of\ninsurance over property the subject of an estate being administered\nby the Public Trustee, the Public Trustee shall have a lien on the\nproceeds of any claim against that policy of insurance.\n\nPart IX Miscellaneous\nPublic Trustee Act 1979 39\n","sortOrder":72},{"sectionNumber":"84","sectionType":"section","heading":"Payment of small amounts","content":"84 Payment of small amounts\n(1) Where, under an Act, the Public Trustee is directed to make a\npayment upon the order of a court or Judge being obtained by a\nperson entitled thereto, he or she may make a payment without\nsuch an order if the amount of that payment does not exceed\n$1,000.\n(2) A payment made under subsection (1) shall be as valid as if\nauthorized by an order of the Court or a Judge.\n","sortOrder":73},{"sectionNumber":"86","sectionType":"section","heading":"Failure to deliver, &c.","content":"86 Failure to deliver, &c.\n(1) If a person fails to deliver, convey, transfer or assign to the Public\nTrustee the property either real or personal to which the Public\nTrustee is entitled as executor, trustee or administrator of an estate,\nthe Public Trustee may apply to the Court for an order requiring the\ndelivery, conveyance, transfer or assignment by that person to the\nPublic Trustee.\n(2) The Court may, in an application by the Public Trustee under\nsubsection (1), order that a person summoned in pursuance of that\napplication produce to the Court all books, papers, deeds,\ndocuments and any writings whatsoever touching or concerning the\nproperty or the estate on whose behalf the Public Trustee is acting.\n","sortOrder":74},{"sectionNumber":"87","sectionType":"section","heading":"Execution under power of attorney","content":"87 Execution under power of attorney\n(1) Where the Public Trustee executes any document under a power of\nattorney, no person shall require him or her to furnish evidence by\nway of statutory declaration that no notice of revocation of the\npower of attorney by death or otherwise has been received by the\nPublic Trustee.\n(2) The execution by the Public Trustee of a document under a power\nof attorney shall be accepted by all persons as proof of the\nnonrevocation of the power of attorney at the time when the\ndocument had been executed.\n(3) The Public Trustee acting in pursuance of a power of attorney shall\nnot be liable for his or her actions by reason only of the fact that, at\nthe time of the action, the person who gave the power of attorney\nwas dead or had done some act to avoid the power of attorney,\nprovided that this fact was not known to the Public Trustee at the\ntime of his or her so acting.\n\nPart IX Miscellaneous\nPublic Trustee Act 1979 40\n","sortOrder":75},{"sectionNumber":"88","sectionType":"section","heading":"Wills","content":"88 Wills\n(1) The Public Trustee may, either without charge or for a fee not\nexceeding the prescribed fee, draw and engross a will or other\ntestamentary instrument for a person.\n","sortOrder":76},{"sectionNumber":"89","sectionType":"section","heading":"Safe custody","content":"89 Safe custody\n(1) The Public Trustee may accept for safe custody debentures or\nother securities and any documents of title to property and any\nother deeds, documents or chattels.\n(2) The Public Trustee's liability for any thing lodged for safe custody\nunder subsection (1) is that of a bailee for reward, and where no\ncharge is made, is that of a gratuitous bailee.\n(3) Any thing kept in safe custody under this section shall be kept at\nthe direction of the Public Trustee and may be produced or parted\nwith by the Public Trustee's authority as and when the Public\nTrustee thinks proper in the conduct of the business of the Public\nTrustee's office.\n","sortOrder":77},{"sectionNumber":"90","sectionType":"section","heading":"No inquiry by purchaser, &c., as to powers, &c.","content":"90 No inquiry by purchaser, &c., as to powers, &c.\nIt shall not be incumbent upon any purchaser of land or mortgagee,\nlessee or other person to or with whom any sale, exchange,\npurchase, mortgage or lease may be made to inquire as to the\nauthority or power of the Public Trustee to make the sale,\nexchange, purchase, mortgage or lease.\n","sortOrder":78},{"sectionNumber":"91","sectionType":"section","heading":"No notice of trust","content":"91 No notice of trust\n(1) In dealings with property the fact that the Public Trustee is the\nperson, or one of the persons, dealt with shall not of itself constitute\nnotice of a trust.\n(2) A company shall not be entitled to object to entering the name of\nthe Public Trustee in its register of shareholders by reason only that\nthe Public Trustee is a trustee or is a corporation.\n(3) Where the Public Trustee holds a share in a company, the\ncompany shall, at the request of the Public Trustee, record the\nname of the estate or person beneficially entitled to a share in that\ncompany as well as the name of the Public Trustee.\n\nPart IX Miscellaneous\nPublic Trustee Act 1979 41\n","sortOrder":79},{"sectionNumber":"92","sectionType":"section","heading":"Public Trustee may contract with Public Trustee in another","content":"92 Public Trustee may contract with Public Trustee in another\ncapacity\nThe Public Trustee, in his or her capacity as trustee or administrator\nof a trust or estate, may enter into a contract, deed or covenant with\nhimself or herself in his or her capacity as trustee or administrator\nof another trust or estate.\n","sortOrder":80},{"sectionNumber":"93","sectionType":"section","heading":"Certain covenants void","content":"93 Certain covenants void\nA covenant or stipulation in a mortgage whereby the money\nsecured by the mortgage shall become due and payable, or any\npower of sale or entry into possession shall become exercisable, in\nthe event of the Public Trustee becoming entitled in any capacity to\nadminister the estate under the control of the Public Trustee, or any\nother covenant, stipulation or condition adversely affecting, or\ntending to affect adversely, the estate or interest of the mortgagor in\nthe event of the Public Trustee so becoming entitled to administer\nthe estate of the mortgagor, shall be null and void.\n","sortOrder":81},{"sectionNumber":"94","sectionType":"section","heading":"Actions outside Australia","content":"94 Actions outside Australia\n(1) Where any personal estate is payable or deliverable by the Public\nTrustee to a person outside Australia, the Attorney-General may\nauthorize the Public Trustee to pay or deliver the same to any\nofficial, consular officer or accredited agent of the country of which\nthat person is a national.\n(2) The receipt of an official, consular officer or accredited agent of\npersonal estate payable or deliverable under subsection (1) shall be\na sufficient discharge to the Public Trustee who shall not be further\nconcerned to see to the application of the personal estate.\n","sortOrder":82},{"sectionNumber":"95","sectionType":"section","heading":"Dealings with other Public Trustees, &c.","content":"95 Dealings with other Public Trustees, &c.\nWhere the Public Trustee is administering the estate in the Territory\nof a person who, at the time of his or her death was domiciled\noutside the Territory and whose estate, in the place of domicile of\nthe deceased, is being administered by the Public Trustee or other\nlike official of the state of domicile, the Public Trustee may pay the\nproceeds of the estate in the Territory to the Public Trustee or other\nlike official of the state of domicile without incurring any liability in\nregard to a claimant of the balance and without any obligation to\nsee to the application thereof.\n","sortOrder":83},{"sectionNumber":"96","sectionType":"section","heading":"No bond required","content":"96 No bond required\nNo bond or security shall be required from the Public Trustee upon\nor in respect of the Public Trustee's appointment in any capacity by\nor under this Act or under any Act whether as administrator or\n\nPart IX Miscellaneous\nPublic Trustee Act 1979 42\ntrustee or as guardian, committee, manager, receiver, agent or\nattorney or otherwise.\n","sortOrder":84},{"sectionNumber":"97","sectionType":"section","heading":"Liabilities, indemnities and guarantees","content":"97 Liabilities, indemnities and guarantees\n(1) No personal liability attaches to:\n(a) the Public Trustee or an employee, agent or representative of\nthe Public Trustee; or\n(b) a member of the Investment Board,\nfor an act or omission in the exercise or performance, or purported\nexercise or performance, of a power, function or duty under this\nAct, or any other law in force in the Territory, if the act or omission\nis done or made in good faith.\n(2) If a person suffers damage as a result of any act or omission in the\nexercise or performance, or purported exercise or performance, of\na power, function or duty under this Act, or any other law in force in\nthe Territory, done or made by:\n(a) the Public Trustee or an employee, agent or representative of\nthe Public Trustee; or\n(b) a member of the Investment Board,\nthe person is entitled to the same remedy against the Public\nTrustee in his or her corporate capacity or against the Investment\nBoard respectively as the person would be entitled to against a\nprivate person.\n(3) Subsection (2) applies, in relation to the Public Trustee, to damage\nresulting from an act or omission done or made by a person holding\nan office or position acting jointly with the Public Trustee only to the\nextent that the Public Trustee or an employee in the office of the\nPublic Trustee has contributed to, or could by the exercise of\nreasonable diligence have averted, that damage.\n(4) Any liability incurred by the Public Trustee or the Investment Board\nmay be enforced against the Public Trustee or the Investment\nBoard respectively, or against the Territory, and is to be met by the\nTreasurer.\n(5) The extent of the liability of the Public Trustee or the Investment\nBoard in particular circumstances is no greater than that of a private\nperson in similar circumstances.\n\nPart IX Miscellaneous\nPublic Trustee Act 1979 43\n(6) If the Treasurer meets a liability incurred under this section as a\nresult of an act or omission done or made by a person other than in\ngood faith, the Treasurer is entitled to recover the amount of that\nliability from that person.\n(7) The Regulations may provide for one or both of the following:\n(a) a guarantee of the capital in a specified common fund;\n(b) a guarantee of a prescribed rate of return for money held as\ncash in a specified common fund.\n","sortOrder":85},{"sectionNumber":"98","sectionType":"section","heading":"Service of notices","content":"98 Service of notices\n(1) Where, under this Act, notice is required to be given by the Public\nTrustee or by a person on behalf of the Public Trustee it shall be\nsufficient if the notice is sent by certified mail addressed to the\nperson to whom the notice is to be given at his or her last known or\nthen last known place of abode or business.\n(2) Where notice is sent by post in the manner prescribed by\nsubsection (1), it shall be deemed to have been given at the time\nthe letter would have been delivered in the ordinary course of post.\n","sortOrder":86},{"sectionNumber":"99","sectionType":"section","heading":"Public Trustee to have the powers, &c., of natural person","content":"99 Public Trustee to have the powers, &c., of natural person\nSubject to this Act, where the Public Trustee is appointed in any of\nthe capacities that he or she is permitted to be appointed by or\nunder this Act, the Public Trustee shall have the same rights and\npowers and be subject to the same duties and liabilities as a natural\nperson appointed in that capacity.\n","sortOrder":87},{"sectionNumber":"100","sectionType":"section","heading":"Execution of deeds, &c.","content":"100 Execution of deeds, &c.\nWhere, under this Act or any other law in force in the Territory, the\nPublic Trustee is required or empowered to execute a deed or other\ndocument under seal, the person holding the office of the Public\nTrustee shall affix the common seal of the Public Trustee and\ncountersign that seal with his or her signature and in the case of a\ndeed execution in this manner shall be sufficient at law to sign and\nseal the deed.\n","sortOrder":88},{"sectionNumber":"101","sectionType":"section","heading":"Regulations","content":"101 Regulations\nThe Administrator may make regulations not inconsistent with this\nAct prescribing all matters which are required or permitted to be\nprescribed, or which are necessary or convenient to be prescribed\nfor carrying out or giving effect to this Act.\n\nPart X Transitional matter for Attorney-General and Police Legislation Amendment\nAct 2025\nPublic Trustee Act 1979 44\nPart X Transitional matter for Attorney-General and\nPolice Legislation Amendment Act 2025\n102 Application of amendment to section 8\nSection 8(1A) does not apply in relation to the person holding office\nas the Public Trustee immediately before the commencement of\nsection 16 of the Attorney-General and Police Legislation\nAmendment Act 2025.\n\nSchedule 1\nPublic Trustee Act 1979 45\nSchedule 1\nsection 3(1)\nNo. and Year Repealed Acts\n8 of 1920 Public Trustee Act 1920\n50 of 1970 Public Trustee Act 1970\n67 of 1978 Public Trustee Act 1978\n92 of 1978 Public Trustee Act (No. 2) 1978\n9 of 1979 Public Trustee Act (No. 3) 1978\n\nSchedule 2 South Australian Act no longer in force in the Territory\nPublic Trustee Act 1979 46\n","sortOrder":89},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"South Australian Act no longer in force in the","content":"Schedule 2 South Australian Act no longer in force in the\nTerritory\nsection 3(2)\nNo. 486 1890 Public Trustee Act Amendment Act\n\nENDNOTES\nPublic Trustee Act 1979 47\nENDNOTES\n","sortOrder":90},{"sectionNumber":"1","sectionType":"section","heading":"KEY Key to abbreviations","content":"1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n","sortOrder":91},{"sectionNumber":"2","sectionType":"section","heading":"LIST OF LEGISLATION","content":"2 LIST OF LEGISLATION\nPublic Trustee Act 1979 (Act No. 84, 1979)\nAssent date 13 July 1979\nCommenced 3 December 1979 (Gaz S25, 28 November 1979)\nPublic Trustee Amendment Act 1981 (Act No. 52, 1981)\nAssent date 1 July 1981\nCommenced 23 July 1981 (Gaz G29, 23 July 1991, p 1)\nCompanies and Securities (Consequential Amendments) Act 1986 (Act No. 18, 1986)\nAssent date 30 June 1986\nCommenced 1 July 1986 (s 2)\nStatute Law Revision Act 1986 (Act No. 64, 1986)\nAssent date 19 December 1986\nCommenced 19 December 1986\nPublic Trustee Amendment Act 1987 (Act No. 14, 1987)\nAssent date 25 June 1987\nCommenced 25 June 1987\nPublic Trustee Amendment Act 1988 (Act No. 16, 1988)\nAssent date 15 June 1988\nCommenced 15 June 1988\nCorporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)\nAssent date 14 December 1990\nCommenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act\nNo. 56, 1990) and Gaz S76, 21 December 1990)\nDe Facto Relationships (Miscellaneous Amendments) Act 1991 (Act No. 82, 1991)\nAssent date 24 December 1991\nCommenced 1 January 1992 (s 2)\n\nENDNOTES\nPublic Trustee Act 1979 48\nPastoral Land (Consequential Amendments) Act 1992 (Act No. 39, 1992)\nAssent date 25 June 1992\nCommenced 26 June 1992 (s 2, s 2 Pastoral Land Act 1992 (Act No. 17,\n1992) and Gaz S33, 26 June 1992)\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n","sortOrder":92},{"sectionNumber":"29","sectionType":"section","heading":"June 1993)","content":"29 June 1993)\nTrustee (Consequential Amendments) Act 1996 (Act No. 8, 1996)\nAssent date 20 March 1996\nCommenced 26 February 1996 (s 2, s 2 Trustee Amendment Act\n(No. 2) 1995 (Act No. 60, 1995) and Gaz G7,\n","sortOrder":93},{"sectionNumber":"14","sectionType":"section","heading":"February 1996, p 2)","content":"14 February 1996, p 2)\nFinancial Institutions (Miscellaneous Amendments) Act 1997 (Act No. 23, 1997)\nAssent date 2 June 1997\nCommenced 2 June 1997\nTerritory Insurance Office (Miscellaneous Amendments) Act 1998 (Act No. 37, 1998)\nAssent date 27 May 1998\nCommenced 27 May 1998\nStatute Law Revision Act (No. 2) 1998 (Act No. 92, 1998)\nAssent date 11 December 1998\nCommenced 11 December 1998\nPublic Trustee Amendment Act 1998 (Act No. 102, 1998)\nAssent date 29 December 1998\nCommenced 1 July 2002 (Gaz G25, 26 June 2002, p 2)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) Gaz G38, 27 September 2000, p 2)\nPublic Trustee Amendment Act 2000 (Act No. 62, 2000)\nAssent date 14 November 2000\nCommenced 1 March 2001 (s 2, s 2 Wills Act 2000 (Act No. 59, 2000) and\nGaz G48, 6 December 2000, p 3)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nStatute Law Revision Act 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\nPublic Trustee Amendment Act 2002 (Act No. 8, 2002)\nAssent date 28 March 2002\nCommenced 1 July 2002 (s 2, s 2 Administration and Probate Amendment\nAct 2002 and Gaz G25, 26 June 2002, p 2)\n\nENDNOTES\nPublic Trustee Act 1979 49\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nJustice and Other Legislation Amendment Act 2009 (Act No. 12, 2009)\nAssent date 26 May 2009\nCommenced 24 June 2009 (Gaz G25, 24 June 2009, p 2)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nAdvance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36 , 2013)\nAssent date 19 December 2013\nCommenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2);\nrem: 17 March 2014 (Gaz S14, 17 March 2014)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2)); pt 3, div 2:\n","sortOrder":94},{"sectionNumber":"25","sectionType":"section","heading":"March 2024 (s 2(3), s 2 Sentencing and Other Legislation","content":"25 March 2024 (s 2(3), s 2 Sentencing and Other Legislation\nAmendment Act 2022 (Act No. 28, 2022) and Gaz S19,\n","sortOrder":95},{"sectionNumber":"22","sectionType":"section","heading":"March 2024; pt 4: 25 March 2024 (s 2(4), s 2 Criminal","content":"22 March 2024; pt 4: 25 March 2024 (s 2(4), s 2 Criminal\nJustice Legislation Amendment (Sexual Offences) Act 2023\n(Act No. 20, 2023) and Gaz S20, 22 March 2024;\nrem: 15 March 2024 (s 2(1))\nAttorney-General and Police Legislation Amendment Act 2025 (Act No. 35, 2025)\nAssent date 5 December 2025\nCommenced 6 December 2025 (s 2)\n\nENDNOTES\nPublic Trustee Act 1979 50\n","sortOrder":96},{"sectionNumber":"3","sectionType":"section","heading":"SAVINGS AND TRANSITIONAL PROVISIONS","content":"3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 15 Public Trustee Amendment Act 1998 (Act No. 102, 1998)\nss 4 and 5 Public Trustee Amendment Act 2000 (Act No. 62, 2000)\ns 14 and sch 2 Public Trustee Amendment Act 2002 (Act No. 8, 2002)\n","sortOrder":97},{"sectionNumber":"4","sectionType":"section","heading":"GENERAL AMENDMENTS","content":"4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 5, 30, 32, 48, 67A, 72A\nand 78.\n","sortOrder":98},{"sectionNumber":"5","sectionType":"section","heading":"LIST OF AMENDMENTS","content":"5 LIST OF AMENDMENTS\ns 5 amd No. 52, 1981, s 4; No. 64, 1986, s 2(2); No. 14, 1987, s 3; No. 28, 1993,\ns 3; No. 102, 1998, s 4; No. 4, 2024, s 95\ns 4A ins No. 8, 2002, s 4\ns 7 rep No. 52, 1981, s 5\ns 8 amd No. 52, 1981, s 6; No. 102, 1998, s 14; No. 4, 2024, s 96; No. 35, 2025,\ns 16\ns 9 amd No. 102, 1998, s 14\nss 9A – 9B ins No. 4, 2024, s 97\ns 10 amd No. 102, 1998, s 14\ns 11 amd No. 102, 1998, s 14; No. 8, 2002, s 13; No. 12, 2010, s 3; No. 40, 2010,\ns 118\ns 12 amd No. 102, 1998, ss 5 and 13; No. 8, 2002, s 5\ns 13 amd No. 102, 1998, s 13\ns 14 amd No. 23, 1997, s 6; No. 37, 1998, s 4; No. 102, 1998, s 6; No. 38, 2002,\ns 6; No. 4, 2007, s 7; No. 12, 2009, s 13; No. 4, 2017, s 34\ns 16 amd No. 23, 1997, s 6; No. 37, 1998, s 4; No. 102, 1998, s 14; No. 38, 2002,\ns 6; No. 4, 2017, s 34; No. 4, 2024, s 98\ns 17 amd No. 102, 1998, ss 13 and 14\ns 18 amd No. 102, 1998, s 7\ns 19 amd No. 102, 1998, ss 8 and 14\nss 20A – 20B ins No. 8, 2002, s 6\npt V hdg amd No. 102, 1998, s 9\ns 21 amd No. 52, 1981, s 7\nsub No. 102, 1998, s 10\ns 22 sub No. 102, 1998, s 10\ns 23 amd No. 8, 1996, s 3\nsub No. 102, 1998, s 10\ns 24 amd No. 39, 1992, s 3; No. 8, 1996, s 3\nsub No. 102, 1998, s 10\nss 24A – 24B ins No. 102, 1998, s 10\ns 24C ins No. 102, 1998, s 10\namd No. 8, 2002, s 13\ns 25 amd No. 102, 1998, s 14\ns 26 amd No. 102, 1998, ss 13 and 14\ns 27 amd No. 23, 1997, s 6; No. 37, 1998, s 4; No. 102, 1998, ss 13 and 14;\nNo. 38, 2002, s 6; No. 4, 2017, s 34\ns 28 amd No. 102, 1998, s 11\nins No. 8, 2002, s 7\ns 29 amd No. 102, 1998, ss 13 and 14\ns 30 amd No. 45, 2000, s 11; No. 102, 1998, ss 13 and 14\n\nENDNOTES\nPublic Trustee Act 1979 51\ns 31 amd No. 102, 1998, ss 13 and 14\ns 32 amd No. 102, 1998, s 14; No. 36, 2013, s 139\ns 35 amd No. 16, 1988, s 3; No. 92, 1998, s 18; No. 102, 1998, s 14\nrep No. 8, 2002, s 8\ns 38 sub No. 52, 1981, s 8\namd No. 102, 1998, s 14\ns 39 amd No. 102, 1998, s 14\ns 43 amd No. 102, 1998, s 14\ns 45 amd No. 102, 1998, s 14\nss 46 – 47 amd No. 102, 1998, s 14\nrep No. 8, 2002, s 8\nss 48 – 50 amd No. 102, 1998, s 14\ns 51 amd No. 8, 2002, s 9; No. 12, 2010, s 3\npt VII hdg rep No. 8, 2002, s 10\ns 53 amd No. 16, 1988, s 4; No. 92, 1998, s 18\nrep No. 8, 2002, s 10\ns 54 amd No. 16, 1988, s 5; No. 92, 1998, s 18\nrep No. 8, 2002, s 10\ns 55 rep No. 8, 2002, s 10\ns 56 amd No. 52, 1981, s 9\nrep No. 8, 2002, s 10\ns 57 rep No. 52, 1981, s 10\ns 59 amd No. 102, 1998, s 14\ns 59A ins No. 52, 1981, s 11\namd No. 62, 2001, s 15; No. 38, 2014, s 2\ns 60 amd No. 52, 1981, s 12; No. 82, 1991, s 10; No. 102, 1998, ss 13 and 14;\nNo. 1, 2004, s 62\ns 63 amd No. 102, 1998, s 13\ns 65 amd No. 102, 1998, ss 13 and 14; No. 4, 2007, s 7\ns 66 amd No. 102, 1998, s 13; No. 4, 2007, s 7\ns 67 amd No. 102, 1998, ss 13 and 14; No. 4, 2007, s 7\ns 67A ins No. 52, 1981, s 13\namd No. 18, 1986, s 3; No. 59, 1990, s 4; No. 45, 2000, s 11; No. 17, 2001,\ns 21; No. 102, 1998, s 13; No. 4, 2007, s 7\ns 68 amd No. 102, 1998, s 14\nrep No. 8, 2002, s 11\nss 70 – 72 amd No. 102, 1998, s 14\ns 72A ins No. 52, 1981, s 14\namd No. 45, 2000, s 11; No. 102, 1998, s 14\ns 73 amd No. 102, 1998, s 14\ns 74 sub No. 102, 1998, s 12\namd No. 8, 2002, s 13\ns 76 amd No. 102, 1998, s 14\namd No. 8, 2002, s 13\ns 77 amd No. 102, 1998, s 14\ns 80 amd No. 102, 1998, s 14\nrep No. 8, 2002, s 11\ns 81 amd No. 102, 1998, s 14\ns 82 amd No. 102, 1998, s 14\nrep No. 8, 2002, s 11\ns 84 amd No. 102, 1998, s 14\ns 85 rep No. 8, 2002, s 11\ns 87 amd No. 102, 1998, s 14\ns 88 amd No. 14, 1987, s 4\nss 88A – 88C ins No. 14, 1987, s 5\nrep No. 62, 2000, s 3\ns 92 amd No. 102, 1998, s 14\ns 95 amd No. 102, 1998, s 14\n\nENDNOTES\nPublic Trustee Act 1979 52\ns 97 amd No. 102, 1998, s 14\nsub No. 8, 2002, s 12\nss 98 – 100 amd No. 102, 1998, s 14\npt X hdg ins No. 35, 2025, s 17\ns 102 ins No. 35, 2025, s 17","sortOrder":99}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded since its original enactment. The text now expressly prioritises pooled investment and investor disclosure (Part V, ss 23–24, 24A, 24C) and includes an objectives clause that frames the Public Trustee as a trustee/executor of last resort and a public alternative to private services (s 4A). Newer governance and administrative provisions — including staff/facility requirements (s 9A), delegation rules (s 9B), modernised audit and reporting (ss 18–19), and transitional amendments (Part X, s 102) — indicate extension and refinement of functions over time. The Act also formally recognises Treasurer/Territory financial exposure through indemnities and guarantees (s 97) and creates statutory mechanisms for levies and management fees (ss 24A, 28, 74), broadening the Public Trustee’s financial role compared with a narrower original trustee function."},"complexity_factors":["Broad delegation and discretionary powers across appointments, investments, advances and manager functions (ss 9B, 12–13, 30–31, 60, 72)","Layered financial mechanisms: common funds, levies, management fees, Dividend Account and Central Holding Authority transfers (ss 23–24, 24A, 28, 14)","Significant cross-reference to court processes and judicial oversight including ex parte applications and mandatory notices (ss 51, 59, 69–71)","Multiple accountability and transparency requirements (monthly valuations, annual report content, Auditor-General audit and reporting) (ss 24(5), 18, 19)","Protections and fiscal backstops (indemnities, Treasurer meeting liabilities) that shift public financial exposure and require interpretation (s 97)","Interaction with other statutes and instruments (trust instruments, court orders, Land Title Act references) creating interpretive complexity (ss 21, 32–40, 87, 72A(3))","Penalties and secrecy obligations with criminal sanctions (s 11) increasing compliance risk","Numerous amendments and inserted provisions across decades (see endnotes) producing layered rules and transitional elements (pt X, s 102)"],"plain_english_summary":"### What this law does\n\nThis Act sets up and governs the Office of the Public Trustee for the Northern Territory. It creates a corporate Public Trustee (the office-holder), allows the Public Trustee to act as manager, administrator, executor or trustee for estates and trusts, and establishes rules for investing estate money — including pooled \"common funds\" — charging fees and levies, keeping accounts, and reporting to the government (see ss 8–9, 21–24, 24A, 28, 14, 18). It also gives the Public Trustee powers to manage unclaimed property, to act for people or courts, and to delegate or appoint agents (see Parts VI, VIII and ss 9B–11, 58–66, 69–72).\n\n### Who it affects\n\n- People who die, become incapable, or otherwise need an executor, administrator, trustee or manager: their estates may be administered by the Public Trustee (Parts VI and VIII). See s 32–41 for appointment powers.  \n- Beneficiaries and investors whose money is managed by the Public Trustee or placed in common funds: they are subject to the Public Trustee's account-keeping, fees and levies, and valuation and withdrawal rules (ss 22–24, 24A, 24C, 28).  \n- Private trustees, trustees' solicitors and private providers of trustee services: the Act provides a statutory public alternative (objective in s 4A(b)) and allows appointing the Public Trustee in place of others (s 32–36).  \n- The Territory and its finances: the Treasurer may receive the Public Trustee's Dividend Account funds and may be required to meet certain claims or liabilities (ss 14(4), 65(2), 67, 97(4)).  \n- Staff, board members and agents of the Public Trustee: they are bound by secrecy and indemnities, and the law limits personal liability for good-faith acts (ss 11, 97).\n\n### Why it matters (stated purpose and practical effects)\n\n- Stated purpose: the Act provides a trustee/executor of last resort, offers a public-sector alternative to private trustee services, and provides for pooled investment via common funds (s 4A).  \n\n- Practical effects tested against costs and incentives:  \n  - Who pays: fees, commissions and management charges are charged to estates and to common funds (ss 24A, 28, 74). Levies and other receipts are credited into the Public Trustee's Dividend Account and may be paid to the Central Holding Authority on the Treasurer's direction (ss 14(3)–(4)). Beneficiaries or estates bear the cost of commission and expenses; prospective investors must receive disclosure before investing (ss 24C, 74).  \n  - Who decides: the Administrator appoints the Public Trustee and the Minister appoints Investment Board members and can fix commission rates (ss 8, 12(3), 74(2)). The Public Trustee and the Public Trustee Investment Board control investment strategy for common funds (ss 12–13, 23). The Public Trustee exercises substantial operational discretion (e.g. advancing money from common funds, managing unclaimed property, suing or settling claims) subject to Investment Board approvals in some cases (ss 30–31, 60, 72).  \n  - Incentives and trade-offs: the Public Trustee can generate revenue from management fees, levies and commissions (ss 24A, 28, 74), creating an incentive to attract funds into common funds or to be appointed in administration. At the same time the Act requires monthly valuations and investor reporting (ss 24(5), 18(2)(c)), which impose administrative costs.  \n  - Compliance and oversight: the Auditor-General has audit access and must report on irregularities (s 19). The Public Trustee must provide beneficiaries appropriate information and accounts during administration (ss 20A–20B). Staff and board members face criminal penalties for breaches of secrecy (s 11). These provisions create ongoing recordkeeping, disclosure and audit obligations.  \n  - Bureaucratic discretion and implementation risk: many powers are discretionary (e.g. setting class of investments, advancing funds to estates or beneficiaries, acting as manager of unclaimed property, refusing appointments) and subject to few statutory constraints beyond Investment Board advice or court oversight (ss 23(2), 30(1), 31(1), 58–62, 52). Liability for acts done in good faith is limited and the Treasurer may meet liabilities of the Public Trustee or Investment Board (s 97). That indemnity shifts financial exposure from the Public Trustee to the Territory (s 97(4)–(6)).  \n  - Effects on private choice and market players: by offering trustee and pooled investment services (s 4A(b)–(c)), the Public Trustee is an alternative to private providers. The Act authorises the Public Trustee to be appointed in place of private trustees and to act as sole trustee where permitted (ss 32–36). It also allows the Public Trustee to contract with itself in different capacities (s 92), which can raise practical conflict-management considerations in administration.  \n\n### Administrative and legal mechanics to note\n\n- Investment framework: the Act permits pooled investment of estate/trust money into common funds, requires valuation rules and allows management fees and levies (ss 21–24, 24A, 28).  \n- Financial controls and reporting: the Public Trustee keeps a Dividend Account and must provide an annual report to the Attorney-General including audited common fund accounts and investor information (ss 14, 18, 19).  \n- Court interface and powers: the Public Trustee may apply ex parte for directions and courts can direct the Public Trustee to act; courts also oversee appointments and may require notice before appointing the Public Trustee (ss 69–71, 51, 37).  \n- Unclaimed property: the Act gives the Public Trustee manager powers over property with unknown ownership, including powers to sell or convert property and to apply proceeds to the Central Holding Authority (ss 58–67, 63).  \n- Protections and liabilities: staff and board members are indemnified for good-faith acts (s 97), the Public Trustee need not post bond (s 96), and certificates issued by the Public Trustee are accepted as sufficient evidence in many contexts (s 72A).\n\n### Implementation risks and costs\n\n- Administrative burden: frequent valuations, monthly accounting for common funds, investor reporting and Auditor-General audits require systems and staff (ss 24(5), 24B, 24C, 19).  \n- Fiscal exposure: the Treasurer may be required to meet liabilities of the Public Trustee/Investment Board (s 97(4)), and the Public Trustee can borrow on security of common fund investments (s 27).  \n- Discretion and transparency: broad discretionary powers (advances, purchases, management decisions) lean on internal governance (Investment Board) and court oversight; such discretion requires robust internal controls to manage conflicts and protect beneficiaries (ss 13, 26, 30–31, 60, 72).\n\n### Where to look in the Act for key provisions\n\n- Appointment, corporate status and staff: ss 8–9A.  \n- Investment of estate funds and common funds: ss 21–31, 24A–24C, 28.  \n- Fees, levies and accounts: ss 14, 18, 24A, 28, 74.  \n- Unclaimed property and manager powers: ss 58–67.  \n- Indemnities and liability: s 97.  \n\nThis summary uses the Act's own stated objectives (s 4A) and the statutory mechanics to identify who pays, who decides, what behaviour the law enables or restricts, and the main compliance and fiscal implications."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2054},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains within its original core purpose of establishing the Public Trustee as a manager of estates and trusts. While significantly modernized through amendments (adding investment disclosure requirements, updating language for de facto relationships, incorporating Advance Personal Planning Act references), the three objectives codified in section 4A (last resort manager, alternative to private sector, common funds provider) reflect the Act's consistent scope since 1979. No major expansion into unrelated policy areas has occurred."},"complexity_factors":["102 sections across 10 Parts with multiple Schedules and extensive amendment history (23+ amending Acts since 1979)","15 defined terms in section 5, with additional implicit definitions and cross-references to other NT legislation (Administration and Probate Act 1969, Land Title Act 2000, Public Sector Employment and Management Act 1993)","Multi-layered governance structure involving the Public Trustee, Deputy Public Trustee, Investment Board, and delegated agents, each with distinct but overlapping powers","Conditional powers requiring multiple levels of approval: court orders (sections 33, 37, 42), Investment Board approval (sections 27, 30, 31), and Minister/Treasurer directions (sections 8, 14, 74)","Complex financial mechanisms including common fund valuations (section 24), levies (section 28), management fees (section 24A), advances to beneficiaries (section 31), and borrowing powers (section 27)","Extensive savings and transitional provisions preserving pre-1979 estates, repealed legislation effects, and specific grandfathering for the current office holder (section 102)","Interaction between corporate status (body corporate with seal under section 9) and natural person powers (section 99), creating dual capacity issues addressed in sections 75 and 92"],"plain_english_summary":"This Act establishes the **Public Trustee for the Northern Territory** — a government official and statutory corporation that acts as a financial manager and legal representative of last resort for people who cannot manage their own affairs and for deceased estates.\n\n**What it does:**\n- **Manages estates when no one else can**: If someone dies without a will (intestate), or their named executor cannot or will not act, the Public Trustee can step in to administer the estate (pay debts, distribute assets to beneficiaries).\n- **Acts as trustee**: Can be appointed by courts or individuals to manage trusts (legal arrangements where property is held for someone else's benefit), including for people with disabilities or those who lack capacity to manage their own finances.\n- **Invests money**: Operates **common funds** — pooled investment accounts where money from multiple estates is invested together. Beneficiaries receive proportional returns based on their share.\n- **Handles unclaimed property**: Manages property where the owner is unknown, missing, or cannot be located, after being appointed by a court.\n- **Provides an alternative to private services**: Offers professional estate administration and trustee services as a government-backed option alongside private lawyers and trustees.\n\n**Who it affects:**\n- Families of people who die without a will or without a suitable executor\n- Vulnerable people (those with disabilities, elderly, or incapacitated persons) who need someone to manage their finances\n- Beneficiaries waiting to receive inheritances\n- Anyone with unclaimed assets or property in the Northern Territory\n\n**Why it matters:**\nThe Act ensures that estates are wound up properly even when there is no family willing or able to do so, protects the assets of vulnerable people, and provides a regulated, accountable entity to handle sensitive financial matters when private arrangements fail or are impractical."}},"importantCases":[],"_links":{"self":"/api/acts/public-trustee-act-1979","history":"/api/acts/public-trustee-act-1979/history","analysis":"/api/acts/public-trustee-act-1979/analysis","conflicts":"/api/acts/public-trustee-act-1979/conflicts","importantCases":"/api/acts/public-trustee-act-1979/important-cases","documents":"/api/acts/public-trustee-act-1979/documents"}}