Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Guardianship and Management
of Property Regulation 1991
SL1991-36
made under the
Guardianship and Management of Property Act 1991
Republication No 5
Effective: 10 September 2024
Republication date: 10 September 2024
Last amendment made by SL2024-24
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Guardianship and Management of Property Regulation 1991, made
under the Guardianship and Management of Property Act 1991 (including any amendment made
under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 10 September 2024.
It also includes any commencement, amendment, repeal or expiry affecting this republished law
to 10 September 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
Section 1 - Guardianship and Management of Property Regulation 1991 - Guardianship and Management of Property Regulation 1991 | Zoe
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Regulation 1991
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Guardianship and Management
of Property Regulation 1991
made under the
Guardianship and Management of Property Act 1991
Contents
Page
1 Name of regulation 2
3 Corresponding laws of foreign countries 2
6 Manager’s accounts 3
Endnotes
1 About the endnotes 5
2 Abbreviation key 5
3 Legislation history 6
4 Amendment history 7
Contents
Page
contents 2 Guardianship and Management of Property
Regulation 1991
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5 Earlier republications 8
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Australian Capital Territory
Guardianship and Management
of Property Regulation 1991
made under the
Guardianship and Management of Property Act 1991
Section 1
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Regulation 1991
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1 Name of regulation
This regulation is the Guardianship and Management of Property
Regulation 1991.
3 Corresponding laws of foreign countries
For the Act, section 12 (4), definition of corresponding law, the
following countries are prescribed:
Antigua and Barbuda Cyprus
Argentina Federal Republic of Germany
Austria Fiji
Bahamas Finland
Belgium France
Botswana Greece
Brunei Darussalam Hungary
Canada Ireland
Israel Portugal
Italy Seychelles
Japan Spain
Lesotho Surinam
Liechtenstein Swaziland
Luxembourg Switzerland
Malawi Tonga
Malta Turkey
Mauritius United Kingdom
Netherlands United States
Section 6
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New Zealand Yugoslavia.
Norway
6 Manager’s accounts
(1) For the Act, section 26 (1), the following documents are prescribed:
(a) a statement of the income of the represented person on the
relevant day, including income from the following:
(i) pensions;
(ii) employment;
(iii) superannuation;
(iv) investments;
(v) rent;
(vi) a deceased estate of which the person is a beneficiary;
(vii) a trust of which the person is a beneficiary;
(b) a statement of the expenditure of the represented person,
including—
(i) a bank or other financial institution statement for each
account at any authorised deposit-taking institution held in
the represented person’s name for the 1-year period ending
on the relevant day; and
(ii) if the manager has acted as manager for a continuous
period of longer than 1 year—the following for the 1-year
period ending on the relevant day:
(A) a budget or summary of the person’s expenses;
Section 6
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(B) a receipt for any one-off purchase of $500 or more;
Examples—one-off purchase
whitegoods, electronics, jewellery
(c) a statement of the estimated value of the assets of the represented
person on the relevant day, including—
(i) amounts standing to the credit of an account with a bank or
other financial institution; and
(ii) real property; and
(iii) personal property; and
(iv) investments;
(d) a statement of the liabilities of the represented person on the
relevant day, including details of the creditors, the types of
liabilities and the value of the liabilities;
(e) any other document relating to the management of the relevant
property requested by the public trustee and guardian.
(2) For the Act, section 26 (1), documents are filed in accordance with
this regulation if they are filed within 28 days after the relevant day.
(3) In this section:
relevant day, in relation to a manager, means—
(a) the day of the appointment of the manager; or
(b) if the manager has acted as manager for a continuous period of
longer than 1 year—each anniversary of the appointment of the
manager; or
(c) if the ACAT directs the manager to file prescribed documents
before a specified day—that day.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
This regulation was originally the Guardianship and Management of Property
Regulations. It was renamed under the Legislation Act 2001.
Before 11 May 1989, regulations commenced on notification day unless otherwise
stated (see Subordinate Laws Act 1989 s 6).
Guardianship and Management of Property Regulation 1991
SL1991-36
notified 8 January 1992 (Gaz 1992 No S2)
commenced 8 January 1992
as amended by
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 172
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 172 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 (No 2) A2008-37 sch 1 pt 1.50
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.50 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.37
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.37 commenced 22 September 2009 (s 2)
Guardianship and Management of Property Amendment
Regulation 2024 (No 1) SL2024-24
notified LR 9 September 2024
s 1, s 2 commenced 9 September 2024 (LA s 75 (1))
remainder commenced 10 September 2024 (s 2)
Endnotes
Amendment history 4
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4 Amendment history
Name of regulation
s 1 am R1 LA; R2 LA
Meaning of Act
s 2 om R2 LA
Applications to tribunal
s 4 om A2008-37 amdt 1.224
Fees
s 5 om A2001-44 amdt 1.1998
Manager’s accounts
s 6 am A2009-20 amdt 3.87; SL2024-24 ss 4-6; pars renum R5
LA
Waiver of fees
s 7 om A2001-44 amdt 1.1998
Seal of the tribunal
s 8 om A2008-37 amdt 1.224