QLDIn ForceAct
Public Trustee Act 1978
sec.8Corporation sole of public trustee
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### sec.8 Corporation sole of public trustee
The corporation sole constituted by the public trustee is continued under the name The Public Trustee of Queensland (the corporation ).
The corporation—
is a body corporate with perpetual succession; and
has a seal; and
may sue and be sued in its corporate name.
The corporation represents the State.
Without limiting subsection (3) , the corporation has all the State’s privileges and immunities.
The corporation has all the powers of an individual and may, for example—
enter into contracts; and
acquire, hold, dispose of, and deal with, property; and
appoint agents and attorneys; and
engage consultants; and
fix charges, and other terms, for services it supplies; and
do anything necessary or convenient to be done in the performance of the public trustee’s functions under this or another Act.
The corporation also has the powers conferred on it by this or another Act.
The corporation may exercise its powers inside and outside Queensland.
Without limiting subsection (7) , the corporation may exercise its powers outside Australia.
The corporation is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the whole of the Corporations Legislation.
s 8 sub 1994 No. 24 s 3 (1) sch
amd 2001 No. 45 s 29 sch 3
(sec.8-ssec.1) The corporation sole constituted by the public trustee is continued under the name The Public Trustee of Queensland (the corporation ).
(sec.8-ssec.2) The corporation— is a body corporate with perpetual succession; and has a seal; and may sue and be sued in its corporate name.
(sec.8-ssec.3) The corporation represents the State.
(sec.8-ssec.4) Without limiting subsection (3) , the corporation has all the State’s privileges and immunities.
(sec.8-ssec.5) The corporation has all the powers of an individual and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with, property; and appoint agents and attorneys; and engage consultants; and fix charges, and other terms, for services it supplies; and do anything necessary or convenient to be done in the performance of the public trustee’s functions under this or another Act.
(sec.8-ssec.6) The corporation also has the powers conferred on it by this or another Act.
(sec.8-ssec.7) The corporation may exercise its powers inside and outside Queensland.
(sec.8-ssec.8) Without limiting subsection (7) , the corporation may exercise its powers outside Australia.
(sec.8-ssec.9) The corporation is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the whole of the Corporations Legislation.
- (a) is a body corporate with perpetual succession; and
- (b) has a seal; and
- (c) may sue and be sued in its corporate name.
- (a) enter into contracts; and
- (b) acquire, hold, dispose of, and deal with, property; and
- (c) appoint agents and attorneys; and
- (d) engage consultants; and
- (e) fix charges, and other terms, for services it supplies; and
- (f) do anything necessary or convenient to be done in the performance of the public trustee’s functions under this or another Act.