QLDIn ForceAct
Public Trustee Act 1978
sec.138Certificate or recital of authority evidence
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### sec.138 Certificate or recital of authority evidence
A certificate under the hand of the public trustee, certifying the nature of the public trustee’s appointment or authority in relation to any estate, property or matter whatsoever, and whether pursuant to any Act or otherwise, and any facts or circumstances on the happening of which such appointment or authority was made or granted or arises, shall be accepted by all courts, officers and other persons, whether acting under any Act or not, as sufficient evidence of all the facts or circumstances therein set forth, without production of any other proof whatever.
Such certificate shall—
be sufficient for the purposes of bringing any land under the Land Title Act 1994 , or of registering the public trustee as owner or proprietor of land under that Act or as lessee or licensee of any land held from the Crown under any lease or licence, or as proprietor of any stock in any body; and
be equivalent for registration purposes to a grant of administration or other order or document of appointment and it shall not be necessary to produce, deposit or register such grant of administration, will or other order or document of appointment or any copy thereof.
A recital contained in any assurance or instrument under the hand of the public trustee of any matter upon which the public trustee’s authority in relation to such assurance or instrument depends, including the purport of any will or any other document, shall be sufficient evidence thereof, and no-one shall be concerned to inquire beyond such recital.
If the public trustee is jointly administering an estate with someone else, the provisions of this section apply equally to matters done jointly with the other person.
s 138 amd 1994 No. 11 s 194 sch 2 ; 1994 No. 24 s 3 (1) sch
(sec.138-ssec.1) A certificate under the hand of the public trustee, certifying the nature of the public trustee’s appointment or authority in relation to any estate, property or matter whatsoever, and whether pursuant to any Act or otherwise, and any facts or circumstances on the happening of which such appointment or authority was made or granted or arises, shall be accepted by all courts, officers and other persons, whether acting under any Act or not, as sufficient evidence of all the facts or circumstances therein set forth, without production of any other proof whatever.
(sec.138-ssec.2) Such certificate shall— be sufficient for the purposes of bringing any land under the Land Title Act 1994 , or of registering the public trustee as owner or proprietor of land under that Act or as lessee or licensee of any land held from the Crown under any lease or licence, or as proprietor of any stock in any body; and be equivalent for registration purposes to a grant of administration or other order or document of appointment and it shall not be necessary to produce, deposit or register such grant of administration, will or other order or document of appointment or any copy thereof.
(sec.138-ssec.3) A recital contained in any assurance or instrument under the hand of the public trustee of any matter upon which the public trustee’s authority in relation to such assurance or instrument depends, including the purport of any will or any other document, shall be sufficient evidence thereof, and no-one shall be concerned to inquire beyond such recital.
(sec.138-ssec.4) If the public trustee is jointly administering an estate with someone else, the provisions of this section apply equally to matters done jointly with the other person.
- (a) be sufficient for the purposes of bringing any land under the Land Title Act 1994 , or of registering the public trustee as owner or proprietor of land under that Act or as lessee or licensee of any land held from the Crown under any lease or licence, or as proprietor of any stock in any body; and
- (b) be equivalent for registration purposes to a grant of administration or other order or document of appointment and it shall not be necessary to produce, deposit or register such grant of administration, will or other order or document of appointment or any copy thereof.