{"id":"public-trustee-regulations-1979","name":"PUBLIC TRUSTEE REGULATIONS 1979","slug":"public-trustee-regulations-1979","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177129,"registerId":"nt-public-trustee-regulations-1979-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PUBLIC TRUSTEE REGULATIONS 1979","content":"NORTHERN TERRITORY OF AUSTRALIA\nPUBLIC TRUSTEE REGULATIONS 1979\nAs in force at 30 August 2002\nTable of provisions\n1 Citation ............................................................................................ 1\n1A Application ....................................................................................... 1\n2 Management fees (prescribed percentage) – section 24A(2) .......... 1\n3 Levy (prescribed percentage) – section 28(2) ................................. 1\n4 Guarantee of capital and rate of return (Common Fund 1) –\nsection 97(7) .................................................................................... 1\n6 Reduction or waiver of commission or fee ....................................... 2\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 30 August 2002\n____________________\nPUBLIC TRUSTEE REGULATIONS 1979\nRegulations under the Public Trustee Act 1979\n1 Citation\nThese Regulations may be cited as the Public Trustee\nRegulations 1979.\n1A Application\nThe estate of a deceased person is to be administered in\naccordance with these Regulations as in force at the date of the\ndeath of the person.\n2 Management fees (prescribed percentage) – section 24A(2)\nFor the purposes of section 24A(2) of the Act, the prescribed\npercentage of the value of a common fund is 2% per annum.\n3 Levy (prescribed percentage) – section 28(2)\nFor the purposes of section 28(2) of the Act, the prescribed\npercentage of the value of a common fund is 1.1% per annum.\n4 Guarantee of capital and rate of return (Common Fund 1) –\nsection 97(7)\nFor the purposes of section 97(7) of the Act:\n(a) the capital in the common fund known as \"Common Fund 1\" is\nguaranteed; and\n(b) the following rates of return for money held as cash in the\ncommon fund known as \"Common Fund 1\" are guaranteed:\n(i) for trusts – 1% per annum less than the Reserve Bank of\nAustralia cash rate;\n(ii) for estates – 3% per annum less than the Reserve Bank\nof Australia cash rate.\n\nPublic Trustee Regulations 1979 2\n6 Reduction or waiver of commission or fee\nSubject to the directions of the Minister, the Public Trustee may,\nhaving regard to:\n(a) the circumstances of the person or estate liable to pay\ncommission or a fee; or\n(b) the amount of work done by the Public Trustee,\naccept, in full satisfaction of that person's or estate's liability under\nthe Act to pay commission or a fee, such proportion of the\ncommission or fee payable as the Public Trustee thinks fit or waive\nthe commission or fee payable.\n\nENDNOTES\nPublic Trustee Regulations 1979 3\nENDNOTES\n1 KEY\nKey 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\n2 LIST OF LEGISLATION\nPublic Trustee Regulations (SL No. 33, 1979)\nNotified 23 November 1979\nCommenced 3 December 1979 (r 1, s 2 Public Trustee Act 1979 (Act\nNo. 84, 1979) and Gaz S25, 28 November 1979)\nAmendment of the Public Trustee Regulations (SL No. 6, 1984)\nNotified 14 March 1984\nCommenced 14 March 1984\nAmendments of Public Trustee Regulations (SL No. 38, 1991)\nNotified 7 August 1991\nCommenced 7 August 1991\nAmendments of Public Trustee Regulations (SL No. 47, 1998)\nNotified 11 November 1998\nCommenced 1 December 1998 (r 1)\nAmendments of Public Trustee Regulations (SL No. 19, 2002)\nNotified 10 July 2002\nCommenced 10 July 2002\nAmendments of Public Trustee Regulations (SL No. 30, 2002)\nNotified 30 August 2002\nCommenced 30 August 2002\n3 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: r 1.\n\nENDNOTES\nPublic Trustee Regulations 1979 4\n4 LIST OF AMENDMENTS\nr 1A ins No. 47, 1998, r 3\nrr 2 – 4 amd No. 19, 2002, r 3\nsub No. 30, 2002, r 2\nr 5 amd No. 19, 2002, r 3\nrep No. 30, 2002, r 2\nr 6 amd No. 19, 2002, r 1\nr 7 ins No. 47, 1998, r 4\nrep No. 30, 2002, r 3\nsch 1 sub No. 6, 1984; No. 38, 1991, r 1\namd No. 19, 2002, r 2\nrep No. 30, 2002, r 4\nsch 2 sub No. 38, 1991, r 1\nrep No. 30, 2002, r 4\nsch 3 – 4 ins No. 47, 1998, r 5\nrep No. 30, 2002, r 4","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient content was provided in the document to assess whether the scope changed from the original legislative intent. The metadata only indicates this is a reprint (REPP027R1), suggesting the regulations have been updated at least once since 1979, but no substantive provisions were included to compare against the original intent."},"complexity_factors":["The document provided contains almost no substantive legislative content — only metadata and headers — making meaningful analysis very limited","Regulations of this type typically involve administrative procedures and fee structures which can have technical elements","The legislation is subordinate to a parent Act (the Public Trustee Act), meaning full understanding requires reading both documents together","The gap between the stated year (1979) and the commencement date listed (30/08/2002) suggests possible significant amendments or reprints, adding complexity to understanding which version applies"],"plain_english_summary":"The Public Trustee Regulations 1979 set out the administrative rules, forms, fees and procedures that support the Public Trustee’s role in managing money, property and legal affairs for deceased estates, people with disabilities, or those legally incapable of managing their own affairs.\n\nThey affect people whose affairs are handled by the Public Trustee, beneficiaries and legal practitioners, because the regulations govern how estates are administered, what fees can be charged and which processes must be followed."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: setting fee percentages, levies, and investment guarantees for the Public Trustee's operations. Despite multiple amendments between 1979 and 2002, the scope has not expanded beyond financial administration mechanics. The repeal of Schedules 1-4 in 2002 actually reduced the document's length, suggesting consolidation rather than scope creep."},"complexity_factors":["Very short document (6 substantive regulations)","Minimal defined terms (relies on definitions in parent Public Trustee Act 1979)","Simple percentage-based calculations (2%, 1.1%, benchmark minus 1% or 3%)","No nested exceptions or conditional logic chains","Straightforward administrative provisions without cross-referencing maze","Single amendment history showing consolidation rather than expansion of complexity"],"plain_english_summary":"These regulations set the fees and financial guarantees for the Northern Territory Public Trustee, a government office that manages money and property for people who can't manage their own affairs (such as deceased estates, trusts, and people under legal incapacity).\n\n**Key things this legislation does:**\n\n*   **Sets management fees:** The Public Trustee charges **2% per year** on the value of common funds (pooled investment funds) it manages.\n*   **Sets a levy:** There's an additional **1.1% per year** levy on these common funds.\n*   **Guarantees money in Common Fund 1:** For one specific investment fund (\"Common Fund 1\"), the government guarantees that investors won't lose their original capital. It also guarantees minimum interest rates:\n    *   **Trusts:** 1% below the Reserve Bank cash rate\n    *   **Estates:** 3% below the Reserve Bank cash rate\n*   **Allows fee reductions:** The Public Trustee can reduce or waive fees if someone's circumstances make it fair to do so, or if the work involved was minimal.\n*   **Locks in rules for deceased estates:** When someone dies, their estate is administered under whatever version of these regulations existed at the time of their death (not later versions).\n\n**Who it affects:** People who have money or property managed by the NT Public Trustee, beneficiaries of deceased estates, and trustees using Common Fund 1."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Regulations have been amended since first made; key operative provisions (rr 2–4 and r 6) were amended in 2002 and earlier (see endnotes and List of Amendments). These amendments altered prescribed percentages and the guarantees and added the application rule tying administration to the Regulations in force at the date of death (r 1A), so the practical scope and financial terms applying to estates and trusts have changed from their original text."},"complexity_factors":["Straightforward numeric rates are prescribed: management fee 2% p.a. (r 2) and levy 1.1% p.a. (r 3).","Guarantee of capital and variable return tied to an external benchmark (RBA cash rate) creates contingent fiscal exposure for the Public Trustee (r 4).","Discretion to reduce or waive commission/fee subject to Ministerial directions introduces administrative discretion and case-by-case judgment (r 6).","Temporal application rule ties administration to the Regulations in force at the date of death, affecting which version applies to particular estates (r 1A).","Regulations cross‑reference multiple sections of the Public Trustee Act (ss 24A(2), 28(2), 97(7)), so understanding requires consulting the Act for mechanics and definitions."],"plain_english_summary":"These Regulations set how the Northern Territory Public Trustee charges and guarantees money in common funds. They prescribe a 2% p.a. management fee and a 1.1% p.a. levy on common funds, guarantee the capital of “Common Fund 1” and fix cash returns for that fund relative to the Reserve Bank cash rate, and allow the Public Trustee (subject to the Minister) to reduce or waive fees. The rules apply to estates and trusts administered under the Public Trustee Act and affect beneficiaries and estate administrators."}},"importantCases":[],"_links":{"self":"/api/acts/public-trustee-regulations-1979","history":"/api/acts/public-trustee-regulations-1979/history","analysis":"/api/acts/public-trustee-regulations-1979/analysis","conflicts":"/api/acts/public-trustee-regulations-1979/conflicts","importantCases":"/api/acts/public-trustee-regulations-1979/important-cases","documents":"/api/acts/public-trustee-regulations-1979/documents"}}