QLDIn ForceAct
Public Trustee Act 1978
sec.123Moneys and assets of public trustee deemed Crown property
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### sec.123 Moneys and assets of public trustee deemed Crown property
Moneys paid or payable to the public trustee—
other than under an order under the Guardianship and Administration Act 2000 appointing an administrator or on behalf of an estate under administration; and
for or on behalf of the Crown;
shall, for the purpose of all rights, remedies and procedure, be deemed to be property of Her Majesty, and shall be recoverable by the public trustee by action in any court.
Every person into whose hands or under whose control any moneys come which are payable to the public trustee shall pay the same to the public trustee as soon as practicable after their receipt and, until such moneys are paid, that person shall be deemed to be a debtor to the Crown in respect of such moneys.
The public trustee shall be deemed to acquire and hold investments made from and assets purchased out of the common fund as the property of Her Majesty and moneys referred to in subsections (1) and (2) paid or payable to the public trustee in respect of such investments shall be deemed to be secured Crown debts and for this purpose the public trustee shall be deemed to be a Crown instrumentality.
s 123 amd 2000 No. 8 s 263 sch 3
(sec.123-ssec.1) Moneys paid or payable to the public trustee— other than under an order under the Guardianship and Administration Act 2000 appointing an administrator or on behalf of an estate under administration; and for or on behalf of the Crown; shall, for the purpose of all rights, remedies and procedure, be deemed to be property of Her Majesty, and shall be recoverable by the public trustee by action in any court.
(sec.123-ssec.2) Every person into whose hands or under whose control any moneys come which are payable to the public trustee shall pay the same to the public trustee as soon as practicable after their receipt and, until such moneys are paid, that person shall be deemed to be a debtor to the Crown in respect of such moneys.
(sec.123-ssec.3) The public trustee shall be deemed to acquire and hold investments made from and assets purchased out of the common fund as the property of Her Majesty and moneys referred to in subsections (1) and (2) paid or payable to the public trustee in respect of such investments shall be deemed to be secured Crown debts and for this purpose the public trustee shall be deemed to be a Crown instrumentality.
- (a) other than under an order under the Guardianship and Administration Act 2000 appointing an administrator or on behalf of an estate under administration; and
- (b) for or on behalf of the Crown;