{"id":"tas:sr-2019-077","name":"Public Trustee Regulations 2019","slug":"public-trustee-regulations-2019","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"77 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184638,"registerId":"tas-tas:sr-2019-077-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Public Trustee Regulations 2019](/view/html/inforce/2026-04-12/sr-2019-077) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 21 December 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In these regulations –\n> > \n> > > ***Act*** means the [Public Trustee Act 1930](/view/html/inforce/2026-04-12/act-1930-061) ;\n> > \n> > > ***GST*** means the goods and services tax as defined in the *A New Tax System (Goods and Services Tax) Act 1999* of the Commonwealth;\n> > \n> > > ***property*** includes real and personal property.\n> \n> > (2)  Property is taken to be in the hands of the Public Trustee if the Public Trustee is lawfully authorised to administer or deal with that property.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Attestation of mark in place of signature","content":"### 4 Attestation of mark in place of signature\n\n> For the purposes of the Act, if a person is required to sign his or her name and is unable to sign his or her name –\n> \n> > > (a) the person is to make his or her mark where he or she is required to sign; and\n> > \n> > > (b) another person is to attest, on the same document, that the document was read out and explained to the person making his or her mark.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Remuneration of advisory trustees","content":"### 5 Remuneration of advisory trustees\n\n> > (1)  If an advisory trustee is appointed in accordance with [section 22](/view/html/inforce/2026-04-12/act-1930-061#GS22@EN) of the Act, the advisory trustee is to be remunerated, subject to the provisions of a relevant trust instrument, at a rate –\n> > \n> > > > (a) subject to [paragraph (b)](#GS5@Gs1@Hpb@EN) , that is determined by the Public Trustee with the agreement of the trustees; and\n> > > \n> > > > (b) that does not exceed 2% of the gross capital value of the estate of which the person is the advisory trustee.\n> \n> > (2)  Unless otherwise specified, the remuneration determined under [subregulation (1)](#GS5@Gs1@EN) is determined exclusive of GST.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Maximum fees, commissions, remunerations and charges receivable","content":"### 6 Maximum fees, commissions, remunerations and charges receivable\n\n> > (1)  In this regulation –\n> > \n> > > ***specified charges*** means the fees, commissions, remunerations and charges specified in [Schedule 1](#JS1@EN) .\n> \n> > (2)  A specified charge in respect of a matter, or service, for which the specified charge is so specified in [Schedule 1](#JS1@EN) is the maximum amount, exclusive of GST, that the Public Trustee may receive for that matter or service.\n> \n> > (3)  For the purposes of calculating a specified charge, a deduction is not to be made, from the amount in respect of which the charge is being calculated, for –\n> > \n> > > > (a) legal or equitable charges on property; or\n> > > \n> > > > (b) the expenses of a realisation of assets.\n> \n> > (4)  If a specified charge is payable in respect of an estate, matter or service, the Public Trustee may deduct the specified charge from money held by the Public Trustee in the estate, matter or service that represents –\n> > \n> > > > (a) capital; or\n> > > \n> > > > (b) income; or\n> > > \n> > > > (c) both capital and income.\n> \n> > (5)  In addition to a specified charge that the Public Trustee is entitled to receive under the Act, the Public Trustee is entitled to reimbursement for any reasonable expense incurred in respect of –\n> > \n> > > > (a) an estate, matter or service; and\n> > > \n> > > > (b) an estate for which representation is not obtained.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Notice under section 17 of Act","content":"### 7 Notice under section 17 of Act\n\n> For the purposes of [section 17(2)](/view/html/inforce/2026-04-12/act-1930-061#GS17@Gs2@EN) of the Act, the form specified in [Schedule 2](#JS2@EN) is the prescribed form.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Prescribed amounts for certain sections of Act","content":"### 8 Prescribed amounts for certain sections of Act\n\n> For the purpose of the following sections of the Act, the following amounts are prescribed:\n> \n> > > (a) for [section 20(1)](/view/html/inforce/2026-04-12/act-1930-061#GS20@Gs1@EN) the prescribed amount is $80 000;\n> > \n> > > (b) for [section 20(4)(a)](/view/html/inforce/2026-04-12/act-1930-061#GS20@Gs4@Hpa@EN) the prescribed amount is $85 000;\n> > \n> > > (c) for [section 20A(1)](/view/html/inforce/2026-04-12/act-1930-061#GS20A@Gs1@EN) the prescribed amount is $30 000;\n> > \n> > > (d) for [section 20A(5)](/view/html/inforce/2026-04-12/act-1930-061#GS20A@Gs5@EN) the prescribed amount is $35 000;\n> > \n> > > (e) for [section 32(1)(y)](/view/html/inforce/2026-04-12/act-1930-061#GS32@Gs1@Hpy@EN) the prescribed amount is $20 000;\n> > \n> > > (f) for [section 34(1)(b)](/view/html/inforce/2026-04-12/act-1930-061#GS34@Gs1@Hpb@EN) the prescribed amount is $20 000;\n> > \n> > > (g) for [section 56(c)](/view/html/inforce/2026-04-12/act-1930-061#GS56@Hpc@EN) the prescribed amount is $20 000;\n> > \n> > > (h) for [section 63(1)](/view/html/inforce/2026-04-12/act-1930-061#GS63@GS1@EN) the prescribed amount is $20 000;\n> > \n> > > (i) for [section 74(1)](/view/html/inforce/2026-04-12/act-1930-061#GS74@GS1@EN) the prescribed amount is $60 000.","sortOrder":7},{"sectionNumber":"SCHEDULE 1 - Maximum fees, com","sectionType":"part","heading":"SCHEDULE 1 - Maximum fees, commissions, remunerations and charges receivable","content":"# SCHEDULE 1 - Maximum fees, com SCHEDULE 1 - Maximum fees, commissions, remunerations and charges receivable\n\n[Regulation 6](#GS6@EN)","sortOrder":8},{"sectionNumber":"Part 1","sectionType":"part","heading":"Interpretation","content":"# Part 1 Interpretation\n\n> **1.   **Interpretation****\n> \n> > In this Schedule –\n> > \n> > > ***capital commission***, chargeable on a matter, means the commission that may be charged on the gross capital value of the matter;\n> > \n> > > ***percentage***, of an estate, means the amount equal to that percentage of the assets, gross capital, income, fund, money or the whole of the estate, as may be specified.","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Charges on capital","content":"# Part 2 Charges on capital","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"Estate of deceased persons","content":"## Division 1 Estate of deceased persons\n\n> **1.**   Except as provided in item 2 –\n> \n> > > (a) the maximum rate of capital commission chargeable in respect of an estate if the Public Trustee is, or is taken to be, the executor or administrator of the estate, is the sum of –\n> > > \n> > > > > (i) 4.09% on the first $200 000 of the gross capital value of the estate or part of that amount; and\n> > > > \n> > > > > (ii) 3.18% on the next $200 000 of the gross capital value of the estate or part of that amount; and\n> > > > \n> > > > > (iii) 2.27% on the next $200 000 of the gross capital value of the estate or part of that amount; and\n> > > > \n> > > > > (iv) 1.36% on the gross capital value of the estate in excess of $600 000; and\n> > \n> > > (b) the maximum rate of capital commission chargeable on an interest of the deceased person in the principal place of residence, and the household furniture and household effects in that residence, that are transferred or conveyed to the surviving spouse of the deceased person, is 2% of the deceased person’s interest in the residence.\n\n> **2.**   The maximum rate of capital commission chargeable on assets –\n> \n> > > (a) situated outside Tasmania; and\n> > \n> > > (b) comprised in an estate of which the Public Trustee is the principal executor or administrator –\n> \n> is 2% of value of the assets, if the Public Trustee’s grant in respect of those assets is required to be resealed in another State or a Territory of the Commonwealth.\n\n> **3.**   Despite items 1 and 2, if the application of the rates specified in items 1 and 2 results in a maximum commission of less than $5 000 for an estate –\n> \n> > > (a) those rates do not apply to the estate; and\n> > \n> > > (b) the maximum commission for the estate is $5 000.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Trusts","content":"## Division 2 Trusts\n\n> **4.**   The maximum rate of capital commission chargeable on a deed of trust or of a settlement, ante-nuptial or otherwise, is 2% of the value.\n\n> **5.**   The maximum charge on each amount received by the Public Trustee under [section 16](/view/html/inforce/2026-04-12/act-1930-061#GS16@EN) of the Act, is 3% of the amount so received.\n\n> **6.**   The maximum charge on the gross value of assets in respect of which the Public Trustee is custodian trustee, is the sum of –\n> \n> > > (a) 0.5% on the first $50 000 of the assets or part of that amount; and\n> > \n> > > (b) 0.25% on the assets in excess of $50 000.","sortOrder":12},{"sectionNumber":"Division 3","sectionType":"division","heading":"Miscellaneous","content":"## Division 3 Miscellaneous\n\n> **7.**   The maximum rate of capital commission chargeable on money paid to the Public Trustee to be held or administered in terms of a court order or otherwise is the sum of –\n> \n> > > (a) 2.5% on the first $100 000 of the money or part of that amount; and\n> > \n> > > (b) 2% on the next $400 000 of the money or part of that amount; and\n> > \n> > > (c) 1% on the money in excess of $500 000.\n\n> **8.**   The maximum rate of capital commission chargeable on an estate administered and realised under the [Guardianship and Administration Act 1995](/view/html/inforce/2026-04-12/act-1995-044) , if the Public Trustee is or is taken to be the executor or administrator of the estate, is the sum of –\n> \n> > > (a) 4.09% on the first $200 000 of the estate or part of that amount; and\n> > \n> > > (b) 3.18% on the next $200 000 of the estate or part of that amount; and\n> > \n> > > (c) 2.27% on the next $200 000 of the estate or part of that amount; and\n> > \n> > > (d) 1.36% on the estate in excess of $600 000.\n\n> **9.**   The maximum charge on the gross value of property that is the whole, or part, of an estate administered under the [Guardianship and Administration Act 1995](/view/html/inforce/2026-04-12/act-1995-044) which is not realised but is transferred to the person entitled, or to his or her personal representative, on the termination of the Public Trustee’s administration, is 2% of the value of the property.\n\n> **10.**   The maximum charge on money paid to the Public Trustee at the discretion of trustees, or managers, of a superannuation, retirement or provident fund or other similar scheme, for the administration on behalf of the beneficiaries, is 3% of the money so paid.\n\n> **11.**   Subject to item 12, the maximum rate of capital commission chargeable on proceeds collected on a policy of insurance, in respect of damage to property or loss by fire or otherwise, that are retained and administered by the Public Trustee, is the sum of –\n> \n> > > (a) 4.09% on the first $200 000 of the proceeds or part of that amount; and\n> > \n> > > (b) 3.18% on the next $200 000 of the proceeds or part of that amount; and\n> > \n> > > (c) 2.27% on the next $200 000 of the proceeds or part of that amount; and\n> > \n> > > (d) 1.36% on the proceeds in excess of $600 000.\n\n> **12.**   Despite item 11, if commission is collected by the Public Trustee in respect of property to which item 11 applies, the maximum rate of capital commission chargeable on proceeds collected on a policy of insurance, held in respect of the property, is the maximum charge calculated under item 11 in respect of the property less the commission collected under that item in respect of the property.\n\n> **13.**   The maximum charge on book debts collected by the Public Trustee is –\n> \n> > > (a) if the debts are subject to an authorised charge for collection, 3% of the debt; or\n> > \n> > > (b) in all other cases, 6% of the debt.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Charges on income","content":"# Part 3 Charges on income\n\n> **1.**   In this Part –\n> \n> > ***gross income*** includes –\n> > \n> > > > (a) capital gains realised, less the capital loss suffered arising from an investment in the common fund or another common investment fund maintained by the Public Trustee; and\n> > > \n> > > > (b) the gross income derived from a business carried on by the Public Trustee.\n\n> **2.**   The maximum charge on gross income received by the Public Trustee, including interest paid in respect of an account at credit in the common fund or another common investment fund maintained by the Public Trustee, is, subject to items 3 and 4, 6% of the gross income.\n\n> **3.**   The maximum charge on gross income, received by the Public Trustee, that is subject to an authorised charge for collection, is 3% of the gross income.\n\n> **4.**   The maximum charge on a Commonwealth pension, or superannuation pension, paid to the Public Trustee is 6% of the pension.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Particular charges","content":"# Part 4 Particular charges\n\n> **1.**   The maximum rate of commission chargeable on the capital or income of an estate, realised by a former executor, administrator, trustee or person acting in a fiduciary capacity and subsequently vested in the Public Trustee, is 2% of the capital or income of the estate.\n\n> **2.**   If the assets of an estate or matter are administered or dealt with by the Public Trustee in more than one capacity, or an asset consists of a share in another estate administered by the Public Trustee, the maximum charge on the second or subsequent administration or dealing of the asset is 2% of the asset.\n\n> **3.**   The maximum rate of capital commission chargeable on capital received by the Public Trustee as attorney or agent, or on property dealt with by the Public Trustee in any way in that capacity, is the sum of –\n> \n> > > (a) 4.09% on the first $200 000 of the capital or part of that amount; and\n> > \n> > > (b) 3.18% on the next $200 000 of the capital or part of that amount; and\n> > \n> > > (c) 2.27% on the next $200 000 of the capital or part of that amount; and\n> > \n> > > (d) 1.36% on the capital in excess of $600 000.","sortOrder":15},{"sectionNumber":"Part 5","sectionType":"part","heading":"Investment management fees","content":"# Part 5 Investment management fees\n\n> **1.**   The maximum charge on the gross value of assets of the common fund or another common investment fund maintained by the Public Trustee is 2% of the value of assets per year.\n\n> **2.**   The maximum management fee on assets invested by the Public Trustee in any capacity, except as executor or administrator of a deceased estate, is 2% of the gross value of the capital per year.","sortOrder":16},{"sectionNumber":"SCHEDULE 2 - Notice","sectionType":"part","heading":"SCHEDULE 2 - Notice","content":"# SCHEDULE 2 - Notice SCHEDULE 2 - Notice\n\n[Regulation 7](#GS7@EN)","sortOrder":17},{"sectionNumber":"Form 1 - Notice under section ","sectionType":"division","heading":"Form 1 - Notice under section 17","content":"## Form 1 - Notice under section  Form 1 - Notice under section 17\n\n[![graphic image](/image/pubtr09.gif)](/image/pubtr09.gif)\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 17 December 2019\n\nThese regulations are administered in the Department of Justice.","sortOrder":18}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose of operationalising the Public Trustee Act 1930. The content covers fee-setting, procedural requirements (signing by mark), and prescribed amounts—all standard subsidiary legislation functions. There is no evidence of scope creep into unrelated policy areas."},"complexity_factors":["Multiple tiered percentage calculations with four brackets (4.09%, 3.18%, 2.27%, 1.36%) that repeat across several items in Schedule 1","Extensive cross-referencing to the parent Public Trustee Act 1930 (9 separate section references in regulation 8 alone)","Nested conditional logic: item 12 in Schedule 1 requires calculating commission under item 11 then deducting previously collected commission","Multiple defined terms (3 in regulation 3, 2 in Schedule 1 Part 1, 1 in Schedule 1 Part 3) with some terms like 'property' having inclusive definitions","Schedule 1 contains 13 items across 5 Parts with multiple Divisions, creating structural fragmentation","Exception to exception structure: item 3 in Schedule 1 Part 2 creates a floor price exception to the tiered rates in items 1-2","Dual capacity rules in Schedule 1 Part 4 item 2 requiring identification of 'second or subsequent administration'"],"plain_english_summary":"These regulations set the rules for how Tasmania's Public Trustee charges fees and operates. The Public Trustee is a government body that manages deceased estates, trusts, and financial affairs for people who can't manage their own.\n\n**Key things this legislation does:**\n\n- **Sets maximum fees**: Caps what the Public Trustee can charge for managing estates, trusts, and investments. For example, when handling a deceased person's estate, the fee is tiered: 4.09% on the first $200,000, then lower percentages on larger amounts, with a minimum fee of $5,000 per estate.\n\n- **Protects vulnerable people**: Allows someone who can't write their name to make a 'mark' (like an X) instead of signing, provided a witness confirms the document was read and explained to them.\n\n- **Limits advisory trustee pay**: Caps advisory trustee remuneration at 2% of the estate's value.\n\n- **Fixes dollar amounts**: Sets specific monetary thresholds for various situations under the main Act (ranging from $20,000 to $85,000 depending on the section).\n\n- **Provides a standard form**: Includes a template notice for certain legal processes.\n\n**Who it affects:**\n- People whose estates are managed by the Public Trustee\n- Beneficiaries of trusts administered by the Public Trustee\n- People under guardianship or administration orders\n- Anyone appointing the Public Trustee as executor of their will\n\n**Why it matters:**\nThese regulations prevent the Public Trustee from overcharging vulnerable people and ensure transparency in fees. The tiered fee structure means larger estates pay lower percentage rates, which provides some protection for wealthier estates while ensuring smaller estates don't pay disproportionately high fees due to the $5,000 minimum."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no evidence that the scope of these regulations changed from their original intent. They appear to have remained in their original form since commencement on 21 December 2019 with no substantive amendments visible in the provided material."},"complexity_factors":["Limited substantive content visible in the provided text — only status and metadata information was available for analysis","Regulations sit beneath a parent Act, requiring cross-reference to the Public Trustee Act to understand full context","Public Trustee law intersects with estates, trusts, disability law, and administrative law — multiple legal domains","Tasmanian-specific jurisdiction means some rules may differ from other Australian states"],"plain_english_summary":"These regulations sit under Tasmania’s Public Trustee Act and set the practical rules for how the Public Trustee manages money, property and legal affairs for people who cannot do so themselves (including deceased estates and vulnerable persons). They affect Tasmanian clients of the Public Trustee, beneficiaries, and legal professionals who interact with it.\n\nNote: the supplied document contained only administrative/status material, so no detailed substantive provisions were available for review."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These regulations operationalise powers already in the Public Trustee Act by prescribing forms, numerical thresholds and maximum charges. They do not broaden substantive powers in the Act; they specify how fees and procedures are to be calculated and applied for estates, trusts, pensions and related services (see Regs 4, 5, 6, Schedule 1, Reg 7, Reg 8)."},"complexity_factors":["Multiple tiered percentage schedules for capital commissions across estate bands (Schedule 1, Part 2) increasing calculation complexity","Separate rules for trusts, custodial assets, insurance proceeds, book debts and guardian-administered estates (Schedule 1, Parts 2–4)","Specific rules on when deductions are not permitted (Reg 6(3)) and when charges may be taken from capital or income (Reg 6(4))","Minimum commission floor when calculated rates produce less than $5,000 (Schedule 1, Part 2 item 3) creating a two-path calculation","Discretion granted to the Public Trustee to determine advisory trustee remuneration with trustees' agreement but subject to a 2% cap (Reg 5)","Interaction with external legislation and instruments: GST treatment (Reg 5(2), Reg 6(2)) and references to the Act and other Acts (Reg 3, Schedule 1 references)","Prescribed fixed monetary thresholds tied to specific sections of the Public Trustee Act (Reg 8) requiring cross-referencing","Additional entitlement to reimbursement of reasonable expenses beyond specified charges (Reg 6(5))"],"plain_english_summary":"These regulations set operational details for the Public Trustee: definitions, a simple attestation method where a person makes a mark (Reg 4), the prescribed notice form (Schedule 2/Reg 7), prescribed monetary thresholds (Reg 8), and the maximum fees, commissions and management charges the Public Trustee may take (Reg 6 and Schedule 1).  They apply to estates, trusts, pensions and clients of the Public Trustee: charges may be deducted from capital or income (Reg 6(4)), advisory trustee pay is set by the Public Trustee with trustees’ agreement but capped at 2% (Reg 5), and amounts are exclusive of GST (Reg 5(2), Reg 6(2))."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/public-trustee-regulations-2019","history":"/api/acts/public-trustee-regulations-2019/history","analysis":"/api/acts/public-trustee-regulations-2019/analysis","conflicts":"/api/acts/public-trustee-regulations-2019/conflicts","importantCases":"/api/acts/public-trustee-regulations-2019/important-cases","documents":"/api/acts/public-trustee-regulations-2019/documents"}}