{"id":"trustee-company-south-australia-limited-transfer-of-business-act-1996","name":"ANZ Executors & Trustee Company (South Australia) Limited (Transfer of Business) Act 1996","slug":"trustee-company-south-australia-limited-transfer-of-business-act-1996","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31556,"registerId":"sa:1996.78:1997-01-01:current","compilationNumber":"1997-01-01","startDate":"1997-01-01","status":"in_force","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"South Australia\nANZ Executors & Trustee Company (South Australia) Limited (Transfer of Business) Act 1996\nAn Act to transfer certain business of ANZ Executors & Trustee Company (South Australia) Limited to ANZ Executors & Trustee Company Limited; and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tTransfer to parent company of subsidiary's trust business and appointments\n5\tEvidence\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the ANZ Executors & Trustee Company (South Australia) Limited (Transfer of Business) Act 1996.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nappointment includes nomination;\nexcluded items means—\n\t(a)\tassets held by or for the subsidiary of which the subsidiary is the beneficial owner (other than assets included in the definition of trust business of the subsidiary);\n\t(b)\tassets, undertakings or liabilities of the subsidiary in its business other than as a trustee;\n\t(c)\trights of the subsidiary to security deposits or similar sums or assets lodged with a court, public officer or authority;\n\t(d)\trights of the subsidiary to indemnity under insurance policies held by it otherwise than as a trustee;\n\t(e)\tin relation to the subsidiary's business as a trustee—\n\t(i)\tliabilities (whether present or future, certain or contingent, ascertained or sounding only in damages) of the subsidiary; or\n\t(ii)\tclaims (whether or not notified or ascertained) by persons against the subsidiary (or an officer of the subsidiary),\nin respect of breach of trust or fiduciary duty, the exercise of or the failure to exercise discretion as a trustee;\ntrustee means any of the following (whether appointed solely or jointly with another person):\n\t(a)\ttrustee (including bare trustee or custodian trustee and whether originally so appointed, appointed under hand or seal or appointed by order of a court or otherwise);\n\t(b)\texecutor of a will, or administrator of the estate, of a deceased person;\n\t(c)\tagent, attorney, manager or receiver;\n\t(d)\tguardian of a child, or administrator, committee, guardian or manager of the estate of a person who is unable to manage his or her own affairs;\nland includes an estate in land;\nparent company means ANZ Executors & Trustee Company Limited;\nsubsidiary means ANZ Executors & Trustee Company (South Australia) Limited;\ntrust business of the subsidiary means the business of the subsidiary as a trustee and includes—\n\t(a)\tassets held on trust by the subsidiary, including records, securities and other documents and information (whether recorded on paper, microfilm, magnetic tape or disc or otherwise held or maintained by the subsidiary as a trustee);\n\t(b)\tliabilities and obligations properly incurred by the subsidiary as a trustee, including undertakings to courts and public officers and authorities;\n\t(c)\trights of indemnity of the subsidiary against trust assets in respect of liabilities properly incurred by the subsidiary as a trustee;\n\t(d)\trights of the subsidiary as a trustee to commission, remuneration, fees and reimbursement for disbursements (whether billed or unbilled);\n\t(e)\tbenefits and obligations under contracts of employment with employees of the subsidiary who are employed primarily in the trust business of the subsidiary, including obligations with respect to holiday pay, long service leave, sick leave and other benefits applicable to those employees other than the liability to make payments to a superannuation scheme that should have been, but have not been, made before the commencement of this Act;\n\t(f)\tbenefits of and obligations under rental or leasing contracts in respect of computers used by the subsidiary in the trust business of the subsidiary;\n\t(g)\tthe rights of the subsidiary in respect of the use of computer programs used by the subsidiary in the trust business of the subsidiary;\n\t(h)\tthe corporate and accounting records of the subsidiary to the extent to which they relate to the trust business of the subsidiary;\n\t(i)\tthe liability to perform further administration of any trust or other administration undertaken by the subsidiary;\n\t(j)\tassets of trusts and other appointments of the subsidiary in its business as a trustee;\n\t(k)\tall other assets and undertakings of the subsidiary being part of or incidental to or used in its business as a trustee,\nbut does not include the excluded items;\nwill includes codicil.\n4—Transfer to parent company of subsidiary's trust business and appointments\n\t(1)\tOn the commencement of this Act, the trust business of the subsidiary as at that date is transferred to and vested in the parent company.\n\t(2)\tIn each case where the subsidiary is acting as a trustee, the parent company is appointed as the trustee in place of the subsidiary and the parent company—\n\t(a)\tis entitled to exercise any rights, powers, capacities or authorities in respect of or arising from each such appointment; and\n\t(b)\tto the extent provided in this Act, is obliged to discharge the liabilities and obligations of the subsidiary in respect of and arising from each such appointment.\n\t(3)\tThe subsidiary must account to the parent company for all assets and liabilities and obligations held or to which it is subject in its business as a trustee.\n\t(4)\tAn appointment of the subsidiary in a will, order of a court or instrument of any kind is to be taken to be an appointment of the parent company (whether the appointment was made before, on or after the commencement of this Act and whether the appointment is in effect on that date, takes effect after that date or has taken effect previously but some further act or thing is necessary to perfect the appointment or undertaking of the office).\n\t(5)\tThe production of a copy of this Act printed by the Government Printer is conclusive evidence in all courts and proceedings of the transfer of the trust business of the subsidiary and all property held by the subsidiary as a trustee to the parent company and of their vesting in the parent company and any such copy of this Act will, in relation to land or marketable securities, operate as a duly executed transfer by the subsidiary to the parent company of that land or those securities.\n\t(6)\tIf portion of the undertaking or property held by the subsidiary as a trustee is not vested in the parent company by virtue of this Act (whether because transfers of the portion are not governed by the law of this State or otherwise) despite the fact that the portion relates to the subsidiary's trust business in this State, the subsidiary must do all things necessary after the commencement of this Act to ensure that the portion is effectively and promptly transferred to the parent company.\n\t(7)\tIf, on the application of the parent company, it appears to a court to be necessary or proper having regard to the provisions of this Act, the parent company may be joined as a party to legal proceedings in addition to or instead of the subsidiary.\n5—Evidence\n\t(1)\tIf an application is made by the parent company to register the vesting of property in the parent company and the application is accompanied by—\n\t(a)\ta certificate under subsection (2); and\n\t(b)\tthe appropriate certificate of title or other instrument,\nthe Registrar-General must give effect in the Register Book kept under the Real Property Act 1886 to the vesting by registering the parent company as proprietor of the property.\n\t(2)\tA certificate under the seals of the parent company and the subsidiary to the effect that the estate of specified persons in land specified in the certificate is an estate vested by this Act in the parent company is, for the purposes of—\n\t(a)\tan application by the parent company to be registered under the Real Property Act 1886 as the proprietor of that estate pursuant to the vesting; and\n\t(b)\tan application by the parent company or a successor in title of the parent company to bring land under the Real Property Act 1886; and\n\t(c)\ta transfer, conveyance, reconveyance, mortgage or other instrument or dealing in respect of land (whether or not under the Real Property Act 1886); and\n\t(d)\tcreation of an easement or other interest in respect of land (whether or not under the Real Property Act 1886),\nconclusive evidence of the matters so certified.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe ANZ Executors & Trustee Company (South Australia) Limited (Transfer of Business) Act 1996 amended the following:\nTrustee Companies Act 1988\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n1996\n78\nANZ Executors & Trustee Company (South Australia) Limited (Transfer of Business) Act 1996\n28.11.1996\n1.1.1997 (Gazette 19.12.1996 p1918)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\nSch\nomitted under Legislation Revision and Publication Act 2002","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient information is available to assess whether the scope of this Act changed from its original intent. The legislative text could not be retrieved. Based on the title alone, it appears to be a narrow, single-purpose Act, which typically does not undergo significant scope changes."},"complexity_factors":["Actual legislative text was inaccessible due to a broken URL — analysis is based solely on the Act's title","Special-purpose transfer Acts of this type are generally straightforward in structure, dealing with a single defined transaction","Trustee company business transfers can involve moderately complex provisions around continuity of trusts, contracts, and client protections, but without the text this cannot be confirmed","The 1996 vintage suggests it predates more complex modern financial services regulatory frameworks"],"plain_english_summary":"## Trustee Company (South Australia) Limited (Transfer of Business) Act 1996\n\n**What we know:** This is a South Australian law from 1996 dealing with the transfer of business from an entity called Trustee Company (South Australia) Limited.\n\n**The problem:** The actual text of this legislation could not be retrieved — the link provided returned a \"Page Not Found\" error from the SA legislation website. This means a proper analysis of the law's content, provisions, and practical effects **cannot be completed**.\n\n**What can be inferred from the title alone:**\n- It was a one-off (\"special purpose\") Act, meaning it was created specifically to handle a single transaction or event rather than to set ongoing rules\n- It likely authorised the transfer of business operations, assets, liabilities, and possibly client accounts (such as trusts and estates being managed on behalf of families or individuals) from Trustee Company (SA) Ltd to another entity\n- Trustee companies manage things like deceased estates (handling the belongings and money of someone who has died), trusts, and financial affairs on behalf of clients — so this law would have directly affected anyone whose estate or trust was being managed by that company\n- Laws like this typically protect clients during the handover, ensuring their accounts and entitlements move safely to the new entity\n\n**Who would have been affected:** Clients with wills, estates, or trusts managed by Trustee Company (SA) Ltd; the company's staff; and creditors or counterparties with contracts with the company.\n\n⚠️ *A full analysis is not possible without access to the actual legislative text.*"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"_sourceCoverage":{"mode":"whole_source","sourceChars":9206,"sourceSha256":"2b25434079625c79c2d15291f7a7b1a68cfa041ccaf5256d9a3e42a37b6272a6","suppliedChars":9206},"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act’s stated purpose is to transfer the subsidiary’s business to its parent. Its provisions implement that transfer for the defined trust business, trustee appointments and related property-registration matters. The supplied text gives no indication that the Act grew significantly beyond that purpose."},"complexity_factors":["The definition of “trust business” covers a wide range of assets, records, obligations, employee arrangements and contracts (s 3).","The transfer is subject to detailed exclusions, including non-trust business and specified breach-of-trust or fiduciary-duty liabilities and claims (s 3).","Trustee appointments are transferred across different instruments and may include appointments that take effect after commencement or need further steps to perfect them (s 4(4)).","The Act provides separate mechanisms for vesting property, dealing with property that does not vest automatically, joining proceedings and registering land (ss 4–5)."],"plain_english_summary":"From 1 January 1997, the Act transferred the subsidiary’s defined trustee business to its parent and replaced the subsidiary with the parent in trustee appointments (s 4). The transfer covers trust assets, records and specified related obligations, but excludes non-trust business and specified liabilities, including breach-of-trust claims (s 3). It also establishes evidence and land-registration mechanisms (ss 4–5). This is general legal information, not legal advice; Zoe can make mistakes. A qualified Australian lawyer should check it before you act on or rely on it."},"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":"rejected","complexity_score":1,"rejection_reason":"The provided content is a 'Page Not Found' error page from the South Australian legislation website (legislation.sa.gov.au), not the actual text of the Trustee Company (South Australia) Limited (Transfer of Business) Act 1996. The content contains only navigation elements, error messages about outdated bookmarks, and standard website footer links. No legislative provisions, sections, or substantive legal content is present.","scope_assessment":{"changed":false,"description":"Not applicable - no legislation content provided to assess"},"complexity_factors":["Not applicable - this is a website error page, not legislation"],"plain_english_summary":"This content is not the legislation itself, but rather an error page from the South Australian legislation website indicating that the requested page (the Trustee Company (South Australia) Limited (Transfer of Business) Act 1996) could not be found."}},"importantCases":[],"_links":{"self":"/api/acts/trustee-company-south-australia-limited-transfer-of-business-act-1996","history":"/api/acts/trustee-company-south-australia-limited-transfer-of-business-act-1996/history","analysis":"/api/acts/trustee-company-south-australia-limited-transfer-of-business-act-1996/analysis","conflicts":"/api/acts/trustee-company-south-australia-limited-transfer-of-business-act-1996/conflicts","importantCases":"/api/acts/trustee-company-south-australia-limited-transfer-of-business-act-1996/important-cases","documents":"/api/acts/trustee-company-south-australia-limited-transfer-of-business-act-1996/documents"}}