NORTHERN TERRITORY OF AUSTRALIA
COMPANIES (TRUSTEES AND PERSONAL REPRESENTATIVES)
ACT 1981
As in force at 7 November 2019
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Repeal ............................................................................................. 1
5 Definitions ........................................................................................ 1
Part 2 Trustee companies
14 Trustee company may act as executor ............................................ 2
15 Authorization to apply for letters of administration with will
annexed ........................................................................................... 3
16 Trustee company may obtain administration with will annexed ....... 3
17 Trustee company may apply for administration of the estate of
an intestate ...................................................................................... 3
18 Trustee company may act as executor or administrator .................. 4
19 Trustee company may act under power of attorney ........................ 4
20 Court or person with power to appoint may appoint trustee
company .......................................................................................... 4
21 Executor, &c., may appoint trustee company to act ........................ 5
22 Trustee company subject to same duties, &c., as a natural
person ............................................................................................. 6
23 Powers conferred by this Act are in addition ................................... 6
24 Dispensing with consents ................................................................ 6
26 Investment of funds ......................................................................... 6
28 Certificate of trustee company evidence of certain things ............... 7
29 Administration bond or security not required ................................... 8
34 Unclaimed moneys .......................................................................... 8
35 Treasurer may pay to lawful claimant .............................................. 9
49 Affidavits may be sworn by certain officers ..................................... 9
50 Directors and chief executive officer personally liable ................... 10
51 Trust moneys ................................................................................. 10
52 Trustee company may be removed ............................................... 10
53 Effect of transfer under Corporations Act 2001 ............................. 11
54 Exemption from tax for compulsory transfer .................................. 12
55 Certificates evidencing transfer ..................................................... 13
56 Registration or record of transfer ................................................... 13
Companies (Trustees and Personal Representatives) Act 1981 ii
Part 3 Miscellaneous
57 Only certain companies to act as executor, &c.............................. 14
58 Syndics .......................................................................................... 14
59 Regulations.................................................................................... 15
Part 4 Transitional matters for Companies
(Trustees and Personal Representatives)
(National Uniform Legislation)
Implementation Act 2010
60 Definitions ...................................................................................... 15
61 Authorized company may continue to act ...................................... 15
Schedule 1 South Australian laws
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 7 November 2019
COMPANIES (TRUSTEES AND PERSONAL REPRESENTATIVES)
ACT 1981
An Act to enable certain companies to act as trustees and personal
representatives, and for other purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Companies (Trustees and Personal
Representatives) Act 1981.
2 Commencement
The several Parts and sections of this Act shall come into operation
on such dates as are respectively fixed by the Administrator by
notice in the Gazette.
3 Repeal
The laws of the State of South Australia specified in Schedule 1
cease to have effect in the Northern Territory as laws of the
Territory.
5 Definitions
In this Act:
administrator includes a person to whom letters of administration
are granted.
chief executive officer, in relation to a trustee company, means
the person who is primarily and directly responsible to the directors
for the general and overall management of the company.
Court means the Supreme Court.
estate means real and personal property of whatever nature or
kind.
Part 2 Trustee companies
Companies (Trustees and Personal Representatives) Act 1981 2
letters of administration means:
(a) letters of administration of the real and personal estate of a
deceased person with or without the will, if any, annexed and
whether granted for general, special or limited purposes;
(b) exemplification of letters of administration; and
(c) such other formal evidence of the right to administer the real
and personal estate of a deceased person, purporting to be
under the seal of a court of competent jurisdiction, as, in the
opinion of the Court, is sufficient to authorize that
administration of that estate under the law applicable in the
place where the court of competent jurisdiction has
jurisdiction.
probate has the same meaning as in the Administration and
Probate Act 1969.
statutory manager means a guardian for an adult's financial
matters appointed under the Guardianship of Adults Act 2016.
trustee company means a licensed trustee company as defined in
section 601RAA of the Corporations Act 2001.
will includes a codicil to a will.
Part 2 Trustee companies
14 Trustee company may act as executor
(1) Where a trustee company is appointed expressly or by implication
as the executor in the last will of a testator, it may act as the
executor and may apply to the Court for a grant of probate of the
will and the Court may grant probate accordingly.
(2) Where a trustee company is appointed expressly or by implication
jointly with another person as an executor in the last will of a
testator, it may act as the executor and may apply to the Court for a
grant of probate of the will either with leave reserved for any person
to come in and prove or jointly with any other executor, and the
Court may grant probate accordingly.
Part 2 Trustee companies
Companies (Trustees and Personal Representatives) Act 1981 3
15 Authorization to apply for letters of administration with will
annexed
In any case in which a natural person may apply for and obtain
letters of administration with the will annexed of the estate of a
deceased person, he may:
(a) instead of himself applying, authorize a trustee company to
apply to the Court for letters of administration with the will
annexed, which may be granted to the company upon its own
application; or
(b) join with a trustee company in an application for letters of
administration with the will annexed, which may be granted to
the person and the company jointly.
16 Trustee company may obtain administration with will annexed
(1) A person who is appointed expressly or by implication as an
executor in the last will of a testator and who is entitled to obtain
probate of the will without reserving leave to any other person to
apply for probate, may authorize a trustee company to apply to the
Court for letters of administration with the will annexed, which may
be granted to the trustee company upon its own application unless,
in the will, the testator has expressed his desire that the office of
executor is not to be delegated or that the company so applying is
not to act in the trusts of the will.
(2) A person who is appointed expressly or by implication as an
executor in the last will of a testator and who is entitled to obtain
probate of the will jointly with any other person, may authorize a
trustee company to apply to the Court for probate either alone with
leave reserved for any person to come in and prove or jointly with
any person entitled to apply for probate of the will, which may be
granted to the company upon its own application unless, in the will,
the testator has expressed his desire that the office of executor is
not to be delegated or that the company so applying is not to act in
the trusts of the will.
17 Trustee company may apply for administration of the estate of
an intestate
A person entitled to obtain letters of administration of the estate of
an intestate may authorize a trustee company to apply for letters of
administration of the estate, which may be granted to the company
upon its own application.
Part 2 Trustee companies
Companies (Trustees and Personal Representatives) Act 1981 4
18 Trustee company may act as executor or administrator
(1) Where a trustee company is granted probate of a will, it may
exercise all the powers, perform and discharge all the duties and
shall be liable to all the obligations of, an executor.
(2) Where a trustee company is granted letters of administration with
the will annexed of an estate or letters of administration of an
estate of an intestate, it may exercise all the powers, perform and
discharge all the duties and shall be liable to all the obligations of,
an administrator.
19 Trustee company may act under power of attorney
(1) A trustee company may act under a power of attorney by which it is
appointed attorney by a person (including a power of attorney to
apply for and obtain a grant of probate or letters of administration)
as attorney for that person, and all powers conferred upon it by a
power of attorney may be exercised by:
(a) a director of the company or its chief executive officer
orsecretary; or
(b) any other of its officers authorized in writing under the seal of
the company to exercise the powers of the company as an
attorney.
(2) This section does not authorize a person to confer a power upon a
trustee company which cannot be legally conferred upon a natural
person.
20 Court or person with power to appoint may appoint trustee
company
(1) Subject to subsections (5) and (6), a court, judge or person who
has power to appoint:
(a) a trustee;
(b) a receiver;
(c) a statutory manager; or
(d) a liquidator or an official liquidator,
may appoint a trustee company, either alone or jointly with any
person to be a trustee, receiver, statutory manager or liquidator or
official liquidator, as the case may be, and the company may act in
that capacity accordingly.
Part 2 Trustee companies
Companies (Trustees and Personal Representatives) Act 1981 5
(2) Subject to subsections (5) and (6), a trustee company may be
appointed, or may continue to act, as sole trustee of a trust
notwithstanding any law in force in the Territory requiring the
appointment of 2 or more trustees of that trust.
(3) Subject to subsections (5) and (6), where a trustee is incapable of
acting or has died, the person nominated for the purpose of
appointing new trustees by the instrument creating the trust or, if
there is no person willing and able so to act, the continuing or
surviving trustee or the personal representative of the last-surviving
trustee may, notwithstanding any law in force in the Territory,
appoint a trustee company willing to be so appointed, to be the sole
trustee of the trust.
(4) Where a trustee company is appointed to an office or position
referred to in subsection (1), it may exercise, perform and
discharge all the powers and duties of, and shall be liable to all the
obligations pertaining to, that office or position.
(5) A trustee company shall not be appointed to an office or position
referred to in subsection (1) where the instrument creating the trust
or power forbids its appointment to that office or position.
(6) A trustee company shall not be appointed or be entitled to act as
sole trustee, where the instrument creating the trust or power
expressly provides that there shall be another trustee in addition to
a trustee company or that a trustee company shall not be appointed
or act as sole trustee.
(7) Notwithstanding any law in force in the Territory, a trustee, or other
person having power to appoint a trustee may, without the consent
of the Court, appoint a trustee company to be a trustee where he
has power to appoint a new trustee.
21 Executor, &c., may appoint trustee company to act
(1) An executor or administrator acting under a probate or letters of
administration, a trustee, a receiver appointed by the Court, a
statutory manager, liquidator or official liquidator may, with the
consent of the Court, appoint a trustee company to exercise,
perform and discharge all the powers and duties of that executor,
administrator, trustee, receiver, statutory manager, liquidator or
official liquidator, as the case may be.
(2) The costs of an application under subsection (1) for the consent of
the Court and appearances in relation thereto are in the discretion
of the Court and may be ordered to be paid out of the estate.
Part 2 Trustee companies
Companies (Trustees and Personal Representatives) Act 1981 6
(3) Where a trustee company is appointed under subsection (1), the
person in whose place the company is appointed is released from
all liability in respect of acts done or omitted to be done by the
company acting under the appointment.
22 Trustee company subject to same duties, &c., as a natural
person
Where a trustee company is appointed or acts as an executor,
administrator, attorney, trustee, receiver, statutory manager,
liquidator or official liquidator, in addition to any liability imposed by
this Act, it shall be subject to all the duties and obligations to which
a natural person acting in that capacity would be subject.
23 Powers conferred by this Act are in addition
The powers conferred on a trustee company by this Act are in
addition to and not in derogation of the powers conferred on the
company or on an executor, administrator, attorney, trustee,
receiver, statutory manager, liquidator or official liquidator by any
other law in force in the Territory.
24 Dispensing with consents
Where the consent of a person is required before an administrator
or trustee is appointed and that person:
(a) cannot be located;
(b) refuses to consent;
(c) has not attained the age of 18 years;
(d) is not of full mental capacity; or
(e) is under any other disability,
the appointment of a trustee company as administrator or trustee
may be made without that consent, if the Court consents to the
appointment.
26 Investment of funds
(1) Where a trustee company holds moneys belonging to more than
one estate, trust, property or person upon trusts which require or
permit investment of those moneys, it may invest those moneys as
one fund, and distribute the income arising therefrom
proportionately among the several estates, trusts, properties and
persons to which the moneys so invested belong.
Part 2 Trustee companies
Companies (Trustees and Personal Representatives) Act 1981 7
(2) A profit or loss arising from an investment made in pursuance of
subsection (1) shall be received or borne proportionately among the
several estates, trusts, properties and persons to which the moneys
so invested belong.
28 Certificate of trustee company evidence of certain things
(1) Where a trustee company is executor or administrator of, or is by
law authorized to administer the estate of, a deceased person, a
certificate by a director of the company or its chief executive officer
or secretary certifying any of the following:
(a) the name of the deceased;
(b) the residential address of the deceased at the time of his
death;
(c) the occupation of the deceased immediately before his death;
(d) the nature or form of the authority by which the company is
administering the estate;
(e) the date of granting of the authority referred to in
paragraph (d);
(f) the reference number of the authority referred to in
paragraph (d);
(g) the manner in which the company became authorized to
administer the estate;
(h) the time at which the company became authorized to
administer the estate,
accompanied by a photographic copy of the grant of probate,
letters of administration or other order or document of appointment
may, notwithstanding any law to the contrary, and without other
proof, be accepted by all courts, officers and persons, whether or
not acting under a law, as sufficient evidence of the respective
matters so certified or stated.
(2) Where a trustee company is acting as executor, administrator,
attorney, trustee, receiver, statutory manager, liquidator or official
liquidator, a certificate under its common seal certifying:
(a) the capacity in which it is authorized to act; and
(b) the manner in which it became authorized to act in that
capacity; and
Part 2 Trustee companies
Companies (Trustees and Personal Representatives) Act 1981 8
(c) the time at which it became authorized to act in that capacity,
accompanied by a photographic copy of the trust instrument, order
or document of appointment may, notwithstanding any law to the
contrary, and without other proof, be accepted by all courts, officers
and persons, whether or not acting under a law, as sufficient
evidence of the respective matters so certified or stated.
(3) A certificate under subsection (1) or (2) accompanied by the
relevant photographic copy shall be sufficient authority for
registering the trustee company as proprietor of an estate or
interest in land or of any shares, stock or property in any body
corporate, body or association and, in respect of land, may be
produced and shall be accepted as though it were probate or letters
of administration, as the case requires.
29 Administration bond or security not required
No order can be made requiring a trustee company:
(a) to enter into an administration bond under the Administration
and Probate Act 1969; or
(b) to give any other security for the administration of an estate.
34 Unclaimed moneys
(1) A trustee company shall pay to the Treasurer all moneys of an
estate which the company is administering as executor,
administrator, attorney, trustee, receiver, statutory manager,
liquidator or official liquidator by virtue of the powers conferred by
this Act, and which remain unclaimed by the person entitled to the
moneys for a period of 3 years after they have become due and
payable to that person, unless an order is made by a court of
competent jurisdiction restraining the payment by the company to
the Treasurer.
(2) The receipt of the Treasurer for moneys paid to him pursuant to
subsection (1) shall be a good and sufficient discharge for the
trustee company which shall have no further liability for those
moneys.
(3) A trustee company shall, within 14 days after 30 June in each year,
deliver to the Treasurer a statement of all unclaimed moneys
referred to in subsection (1) which have been held by it during the
12 months immediately preceding that date.
Part 2 Trustee companies
Companies (Trustees and Personal Representatives) Act 1981 9
(4) A statement referred to in subsection (3) shall show the several
estates in respect of which the moneys have been received and the
dates and amounts of the payments made under subsection (1)
and, if those moneys or any part of them have not been paid to the
Treasurer, shall indicate the reasons for their non-payment.
(5) A trustee company which fails to comply with a provision of this
section is guilty of an offence.
Maximum penalty: 8 penalty units for each day during which
the failure to comply continues.
35 Treasurer may pay to lawful claimant
Where the Treasurer is satisfied that a person is lawfully entitled to
any moneys paid to the Treasurer under section 34, he may pay an
amount equal to those moneys to that person.
49 Affidavits may be sworn by certain officers
(1) Where a trustee company is empowered under this Act to apply to
the Court for probate of a will or letters of administration of an
estate:
(a) a director of the company or its chief executive officer or
secretary; or
(b) any other officer of the company authorized in writing under
the seal of the company so to do,
may make an affidavit for the purposes of the application and the
Court may receive and act upon the application accordingly.
(2) The Court may accept as evidence of the authorization under
subsection (1) of an officer, a statement of that fact in an affidavit.
(3) A person authorized by or under this section or section 19 to make
an affidavit in support of an application for probate of a will or
letters of administration may sign such other documents which the
Court requires in support of or resulting from that application.
(4) Where the Court requires the attendance of a trustee company in
its capacity as an executor or administrator or as an applicant for a
grant of probate or letters of administration, it may require a person
authorized by or under this section or section 19 to attend, and
attendance by that person or, unless the Court otherwise orders, by
some other person authorized by or under this section or
section 19, shall be deemed to be attendance of the company.
Part 2 Trustee companies
Companies (Trustees and Personal Representatives) Act 1981 10
50 Directors and chief executive officer personally liable
(1) Subject to subsection (2), where a trustee company obtains
probate or letters of administration, or is appointed and acts as an
executor or administers the estate of, a deceased person, or is
appointed and acts as an attorney, trustee, receiver, statutory
manager, liquidator or official liquidator, its directors and chief
executive officer shall be individually and collectively responsible to
the Court and shall be personally liable by process of attachment,
commitment for contempt or by other process, to all courts having
jurisdiction, for the proper discharge of their duties and for
obedience to the rules, orders and decrees of those courts, in the
same manner and to the same extent as if the directors and chief
executive officer:
(a) had personally obtained probate or letters of administration
and had acted as executors and administrators; or
(b) had personally been appointed as attorney, trustee, receiver,
statutory manager, liquidator or official liquidator, as the case
may be, and had acted in that capacity.
(2) Where a natural person acting in any of the capacities referred to
in subsection (1) would be liable for attachment, commitment or
other process, the directors and chief executive officer of a trustee
company shall, where the company is acting in any of those
capacities, be liable, each for his own individual act and not
otherwise, to attachment, commitment or other process.
51 Trust moneys
(1) All trust moneys received by a trustee company in respect of
estates shall be placed in a separate trust account and shall not be
mixed with the general funds of the company.
(2) An account of moneys paid or received, and investments made and
money advanced, in respect of a particular estate by a trustee
company, shall be kept by the company separate from all other
estate accounts.
52 Trustee company may be removed
(1) Where a trustee company is appointed or acts as executor,
administrator, attorney, trustee, receiver, statutory manager,
liquidator or official liquidator it shall, in addition to the liabilities and
restrictions imposed by this Act, be subject in all respects to the
same control, and is liable to be removed in the same manner, as a
natural person who acts in the same capacity.
Part 2 Trustee companies
Companies (Trustees and Personal Representatives) Act 1981 11
(2) A person claiming relief against a trustee company for an act done
or assumed to have been done, or in respect of an act omitted to
be done, by the company or a director or officer of the company
under a power conferred by this Act, may institute proceedings in
the Court against the company, the director or the officers, as the
case requires.
(3) In a proceeding under subsection (2), the Court may make such
order, including as to costs, as it thinks fit.
53 Effect of transfer under Corporations Act 2001
(1) This section applies if:
(a) ASIC:
(ii) makes a determination under section 601WBA of the
Corporations Act 2001 that there is to be a transfer of
estate assets and liabilities from a trustee company (the
transferring company) to another trustee company (the
receiving company); and
(iii) issues a certificate under section 601WBG of that Act (a
certificate of transfer) that the transfer is to take effect;
and
(b) the transferring company or receiving company, or both, are
registered in the Territory.
(2) When the certificate of transfer comes into force, the receiving
company becomes the successor in law in relation to the estate
assets and liabilities of the transferring company, to the extent of
the transfer.
(3) Without limiting subsection (2), when the certificate of transfer
comes into force:
(a) the following become assets and liabilities of the receiving
company (in the same capacity as they were assets and
liabilities of the transferring company) without any transfer,
conveyance or assignment:
(i) if the transfer is a total transfer – all the estate assets
and liabilities of the transferring company;
(ii) if the transfer is a partial transfer – all the estate assets
and liabilities included in the list mentioned in
section 601WBG(2)(c) of the Corporations Act 2001;
and
Part 2 Trustee companies
Companies (Trustees and Personal Representatives) Act 1981 12
(b) the duties, obligations, immunities, rights and privileges
applying to the transferring company apply to the receiving
company to the extent of the transfer; and
(c) if a certificate of transfer includes provisions of a kind
mentioned in section 601WBG(3) of the Corporations
Act 2001:
(i) if the provisions specify that particular things are to
happen or are taken to be the case – those things are
taken to happen, or to be the case, in accordance with
those provisions; and
(ii) if the provisions specify a mechanism for determining
things that are to happen or are taken to be the case –
things determined in accordance with the mechanism
are taken to happen, or to be the case, as determined in
accordance with that mechanism; and
(d) any appointment or nomination of the transferring company to
a particular capacity (for example, as trustee, executor or
administrator) in relation to transferred estate assets and
liabilities is taken to be an appointment or nomination of the
receiving company to that capacity in relation to those assets
and liabilities.
(4) Terms used in this section and also in Part 5D.6 of the
Corporations Act 2001 have the same meanings in this section as
they have in that Part.
54 Exemption from tax for compulsory transfer
(1) Territory tax is not chargeable in relation to anything:
(a) that occurs by operation of a compulsory transfer provision; or
(b) done:
(i) under a compulsory transfer provision; or
(ii) to give effect to a compulsory transfer provision; or
(iii) for a purpose connected with, or arising out of, giving
effect to a compulsory transfer provision.
Part 2 Trustee companies
Companies (Trustees and Personal Representatives) Act 1981 13
(2) In this section:
compulsory transfer provision means either of the following
apply following the making of a compulsory transfer determination
under section 601WBA(1)(a) of the Corporations Act 2001:
(a) section 53;
(b) Part 5D.6, Division 2 of the Corporations Act 2001.
Territory tax means:
(a) stamp duty under the Stamp Duty Act 1978; or
(b) any application or registration fee or other tax, duty, fee or
charge imposed by any law of the Territory.
55 Certificates evidencing transfer
(1) A person authorised under subsection (3) may, in writing signed by
the person, certify that a specific asset or liability has become an
asset or liability of the receiving company under section 53.
(2) For all purposes and in all proceedings a certificate issued under
subsection (1) is evidence of the matters certified.
(3) ASIC may, in writing, authorise a person who is a member of ASIC
or a member of its staff to issue certificates under this section.
56 Registration or record of transfer
(1) A registering authority must, on application, register or record in an
appropriate manner:
(a) anything:
(i) that occurs by operation of a transfer provision; or
(ii) done:
(A) under a transfer provision; or
(B) to give effect to a transfer provision; or
(C) for a purpose connected with, or arising out of,
giving effect to a transfer provision; or
(b) a document relating to something mentioned in paragraph (a).
Part 3 Miscellaneous
Companies (Trustees and Personal Representatives) Act 1981 14
(2) The application under subsection (1) must be accompanied by a
certificate issued under section 55(1) in relation to the assets or
liabilities to which the application relates.
(3) In this section:
registering authority means the Registrar-General and any other
person or body required under a law of the Territory to register or
record transactions affecting assets or liabilities, or documents
relating to such transactions.
transfer provision means:
(a) section 53; or
(b) Part 5D.6, Division 2 of the Corporations Act 2001.
Part 3 Miscellaneous
57 Only certain companies to act as executor, &c.
A body corporate shall not obtain a grant of probate or act as an
executor of the will, or trustee of the estate, of a deceased person
in the Territory, either alone or jointly with another person, unless it
is:
(a) a trustee company; or
(c) a body corporate that is authorized by a law in force in the
Territory to obtain a grant of probate and to so act.
58 Syndics
(1) Subject to this Act, a trustee company may be appointed a syndic
to apply for a grant of letters of administration with the will annexed
on behalf of an executor which is a body corporate.
(2) Nothing in this Act shall prevent the appointment of:
(a) a natural person;
(b) a trustee company; or
(c) a body corporate that is authorized under a law in force in the
Territory to so act,
to be a syndic to apply for a grant of letters of administration with
the will annexed on behalf of an executor which is a body
corporate.
Part 4 Transitional matters for Companies (Trustees and Personal Representatives)
(National Uniform Legislation) Implementation Act 2010
Companies (Trustees and Personal Representatives) Act 1981 15
59 Regulations
The Administrator may make regulations under this Act.
Part 4 Transitional matters for Companies (Trustees
and Personal Representatives) (National
Uniform Legislation) Implementation Act 2010
60 Definitions
In this Part:
2010 Act means the Companies (Trustees and Personal
Representatives) (National Uniform Legislation) Implementation
Act 2010.
commencement day means the day on which the 2010 Act
commences.
old Act means this Act as in force immediately before the 2010 Act
commenced.
61 Authorized company may continue to act
(1) This section applies if, immediately before the commencement day,
a company:
(a) was an authorized company as defined in the old Act; and
(b) was acting as an executor of the will, or trustee of the estate,
of a deceased person.
(2) Despite the amendment of the old Act by the 2010 Act:
(a) the company may continue to act as executor or trustee until
the administration of the estate of that deceased person is
completed; and
(b) the old Act continues to apply to the company acting in that
capacity.
Schedule 1 South Australian laws
Companies (Trustees and Personal Representatives) Act 1981 16
Schedule 1 South Australian laws
section 3
Year of State Act Title of State Act
1885 Executors Company's Act, 1885
1900 Executors Company's Amendment Act, 1900
1910 Elder's Executor Company's Act, 1910
1910 Bagot's Executor Company Act, 1910
ENDNOTES
Companies (Trustees and Personal Representatives) Act 1981 17
ENDNOTES
1 KEY Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Companies (Trustees and Personal Representatives) Act 1981 (Act No. 37, 1981)
Assent date 8 April 1981
Commenced 28 September 1981 (Gaz S19, 28 September 1981)
Criminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)
Assent date 28 November 1981
Commenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,
1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,
26 February 1986, p 5)
Companies (Trustees and Personal Representatives) Amendment Act 1984 (Act No. 5,
1984)
Assent date 3 April 1984
Commenced 9 May 1984 (Gaz G18, 9 May 1984, p 5)
Companies and Securities (Consequential Amendments) Act 1986 (Act No. 18, 1986)
Assent date 30 June 1986
Commenced 1 July 1986 (s 2)
Companies (Trustees and Personal Representatives) Amendment Act 1987 (Act No. 8,
1987)
Assent date 27 May 1987
Commenced 27 May 1987
Statute Law Revision Act 1989 (Act No. 60, 1989)
Assent date 2 October 1989
Commenced 2 October 1989
ENDNOTES
Companies (Trustees and Personal Representatives) Act 1981 18
Corporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)
Assent date 14 December 1990
Commenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act
No. 56, 1990) and Gaz S76, 21 December 1990)
Real Property (Consequential Amendments) Act 1991 (Act No. 33, 1991)
Assent date 25 June 1991
Commenced 1 October 1991 (Gaz S49, 1 October 1991)
Trustee (Consequential Amendments) Act 1996 (Act No. 8, 1996)
Assent date 20 March 1996
Commenced 20 March 1996 (s 2, s 2 Trustee Amendment Act (No. 2) 1995
(Act No. 60, 1995) and Gaz G7, 14 February 1996, p 2)
Companies (Trustees and Personal Representatives) Amendment Act 1997 (Act No. 18,
1997)
Assent date 7 May 1997
Commenced 7 May 1997
Mental Health and Related Services (Consequential Amendments) Act 1999 (Act No. 11,
1999)
Assent date 25 March 1999
Commenced 1 February 2000 (s 2, s 2 Mental Health and Related Services
Act 1998 (Act No. 63, 1998) and Gaz G3, 26 January 2000,
p 2)
Statute Law Revision Act (No. 2) 1999 (Act No. 48, 1999)
Assent date 10 November 1999
Commenced 10 November 1999
Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)
Assent date 12 September 2000
Commenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,
2000) and Gaz G38, 27 September 2000, p 2)
Companies (Trustees and Personal Representatives) Amendment Act 2001 (Act No. 11,
2001)
Assent date 28 June 2001
Commenced 28 June 2001
Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)
Assent date 29 June 2001
Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,
2001) and Cth Gaz S285, 13 July 2001)
Statute Law Revision Act (No. 2) 2002 (Act No. 59, 2002)
Assent date 7 November 2002
Commenced 7 November 2002
Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)
Assent date 17May 2007
Commenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);
rem: 17 May 2007 (s 2)
ENDNOTES
Companies (Trustees and Personal Representatives) Act 1981 19
Companies (Trustees and Personal Representatives) (National Uniform Legislation)
Implementation Act 2010 (Act No. 16, 2010)
Assent date 20 May 2010
Commenced 23 June 2010 (Gaz G25, 23 June 2010, p 2)
Penalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)
Assent date 18 November 2010
Commenced 1 February 2011 (Gaz S6, 1 February 2011)
Justice and Other Legislation Amendment Act 2012 (Act No. 2, 2012)
Assent date 21 March 2012
Commenced pts 2, 3 and 5 to 7: 1 August 2012; rem: 1 September 2012
(Gaz G29, 18 July 2012, p 7)
Advance Personal Planning Amendment Act 2016 (Act No. 13, 2016)
Assent date 7 June 2016
Commenced 28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act
No. 15, 2016) and Gaz S74, 27 July 2016, p 1)
Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019)
Assent date 6 November 2019
Commenced pts 2 and 3: nc; rem: 7 November 2019 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 5, 29 and 54.
4 LIST OF AMENDMENTS
pt 1 hdg amd No. 16, 2010, s 17
s 4 rep No. 16, 2010, s 4
s 5 amd No. 18, 1986, s 3; No. 59, 1990, s 4; No. 11, 1999, s 4; No. 17, 2001,
s 5; No. 16, 2010, s 5; No. 13, 2016, s 35
pt 2 hdg amd No. 16, 2010, s 17
s 6 rep No. 16, 2010, s 6
s 7 amd No. 18, 1986, s 3; No. 59, 1990, s 4; No. 48, 1999, s 3; No. 17, 2001, s 5
rep No. 16, 2010, s 6
s 8 amd No. 18, 1986, s 3; No. 8, 1987, s 3; No. 59, 1990, s 4; No. 17, 2001, s 5
rep No. 16, 2010, s 6
ss 9 – 12 rep No. 16, 2010, s 6
s 13 amd No. 5, 1984, s 4; No. 8, 1987, s 4; No. 59, 1990, s 4; No. 59, 2002, s 2
rep No. 16, 2010, s 6
s 19 amd No. 16, 2010, s 17
s 25 amd No. 18, 1986, s 3; No. 59, 1990, s 4; No. 8, 1996, s 3; No. 17, 2001, s 5
rep No. 16, 2010, s 6
s 27 rep No. 16, 2010, s 6
s 27A ins No. 11, 2001, s 2
rep No. 16, 2010, s 6
s 28 amd No. 16, 2010, s 17
s 29 sub No. 16, 2010, s 7
s 30 amd No. 18, 1986, s 3; No. 59, 1990, s 4; No. 17, 2001, s 5
rep No. 16, 2010, s 8
ss 31 – 33 rep No. 16, 2010, s 8
ENDNOTES
Companies (Trustees and Personal Representatives) Act 1981 20
s 34 amd No. 38, 2010, s 3
s 36 amd No. 18, 1997, s 2
sub No. 17, 2001, s 5
amd No. 59. 2002, s 2
rep No. 16, 2010, s 8
s 37 amd No. 68, 1983, s 107
rep No. 17, 2001, s 5
s 38 amd No. 7, 2007, s 4
rep No. 16, 2010, s 8
s 39 rep No. 16, 2010, s 8
pt IIA hdg ins No. 5, 1984, s 5
rep No. 16, 2010, s 9
s 39A ins No. 5, 1984, s 5
amd No. 17, 2001, s 5
rep No. 16, 2010, s 9
s 39B ins No. 5, 1984, s 5
rep No. 16, 2010, s 9
s 39C ins No. 5, 1984, s 5
amd No. 60, 1989, s 6; No. 33, 1991, s 7; No. 45, 2000, s 11
rep No. 16, 2010, s 9
pt III hdg rep No. 16, 2010, s 9
s 40 rep No. 16, 2010, s 9
s 41 amd No. 18, 1986, s 3; No. 59, 1990, s 4, No. 48, 1999, s 3; No. 17, 2001, s 5
rep No. 16, 2010, s 9
ss 42 – 47 rep No. 16, 2010, s 9
pt IV hdg rep No. 16, 2010, s 10
s 48 rep No. 16, 2010, s 11
ss 49 – 52 amd No. 16, 2010, s 17
s 53 sub No. 16, 2010, s 12
amd No. 2, 2012, s 6
s 54 sub No. 16, 2010, s 12
amd No. 2, 2012, s 7
ss 55 – 56 rep No. 16, 2010, s 12
ins No. 2, 2012, s 8
pt V hdg amd No. 16, 2010, s 17
s 57 amd No. 16, 2010, s 13
s 59 sub No. 16, 2010, s 14
pt 4 hdg ins No. 16, 2010, s 15
amd No. 33, 2019, s 49
s 60 ins No. 16, 2010, s 15
amd No. 33, 2019, s 49
s 61 ins No. 16, 2010, s 15
s 62 ins No. 16, 2010, s 15
exp No. 16, 2010, s 62(3)
sch 2 rep No. 16, 2010, s 16