QLDIn ForceAct
Public Trustee Act 1978
sec.103Application of division
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### sec.103 Application of division
This division does not apply to unclaimed moneys as defined in division 1 , or to lands of the Crown in respect of which no contract for the alienation thereof has been made, but, subject thereto, applies to all types of real and personal property in Queensland including—
any interest in property as co-owner, whether joint or several; and
any debt or other thing in action; and
any statutory claim for compensation; and
the interest of every person, other than the Crown, in lands of the Crown whether as lessee, licensee or otherwise.
However, any dealings by the public trustee in accordance with this division in respect of any interest in lands of the Crown shall be subject to the same conditions and restrictions as similar dealings by the owner of such interest would have been.
Property to which this division applies shall be deemed to be unclaimed where, in the opinion of the public trustee—
it is not known after due inquiry who the owner of the property is, or where the owner is, or whether the owner is alive or dead, or it appears to have been abandoned; or
the owner of the property is absent from Queensland or dead and after due inquiry it is not known whether the owner has any agent or personal representative in Queensland with authority to take possession of and administer the property, or it is not known where such agent or personal representative is, or whether such agent or personal representative is alive or dead; or
the owner thereof is a corporation or company and after due inquiry no officer or agent is known or can be found; or
it is delivered to the public trustee pursuant to section 105 .
Property which is by subsection (2) deemed to be unclaimed is hereinafter in this division referred to as unclaimed property .
(sec.103-ssec.1) This division does not apply to unclaimed moneys as defined in division 1 , or to lands of the Crown in respect of which no contract for the alienation thereof has been made, but, subject thereto, applies to all types of real and personal property in Queensland including— any interest in property as co-owner, whether joint or several; and any debt or other thing in action; and any statutory claim for compensation; and the interest of every person, other than the Crown, in lands of the Crown whether as lessee, licensee or otherwise.
(sec.103-ssec.1A) However, any dealings by the public trustee in accordance with this division in respect of any interest in lands of the Crown shall be subject to the same conditions and restrictions as similar dealings by the owner of such interest would have been.
(sec.103-ssec.2) Property to which this division applies shall be deemed to be unclaimed where, in the opinion of the public trustee— it is not known after due inquiry who the owner of the property is, or where the owner is, or whether the owner is alive or dead, or it appears to have been abandoned; or the owner of the property is absent from Queensland or dead and after due inquiry it is not known whether the owner has any agent or personal representative in Queensland with authority to take possession of and administer the property, or it is not known where such agent or personal representative is, or whether such agent or personal representative is alive or dead; or the owner thereof is a corporation or company and after due inquiry no officer or agent is known or can be found; or it is delivered to the public trustee pursuant to section 105 .
(sec.103-ssec.3) Property which is by subsection (2) deemed to be unclaimed is hereinafter in this division referred to as unclaimed property .
- (a) any interest in property as co-owner, whether joint or several; and
- (b) any debt or other thing in action; and
- (c) any statutory claim for compensation; and
- (d) the interest of every person, other than the Crown, in lands of the Crown whether as lessee, licensee or otherwise.
- (a) it is not known after due inquiry who the owner of the property is, or where the owner is, or whether the owner is alive or dead, or it appears to have been abandoned; or
- (b) the owner of the property is absent from Queensland or dead and after due inquiry it is not known whether the owner has any agent or personal representative in Queensland with authority to take possession of and administer the property, or it is not known where such agent or personal representative is, or whether such agent or personal representative is alive or dead; or
- (c) the owner thereof is a corporation or company and after due inquiry no officer or agent is known or can be found; or
- (d) it is delivered to the public trustee pursuant to section 105 .