NTIn ForceAct
Public Trustee Act 1979
28Levy against common fund
Start here
Get a plain-English read of 28
Turn the raw legal text into a practical explanation grounded in Public Trustee Act 1979.
28 Levy against common fund
(1) The Public Trustee must charge against each common fund a levy
in respect of each month or part of a month that the Public Trustee
manages the fund.
(2) The levy charged against a common fund is not to exceed the
prescribed percentage of the value of the common fund.
(3) The value of a common fund:
(a) is to be calculated in accordance with the prescribed method
of calculation; or
(b) if no method of calculation is prescribed under paragraph (a) –
is to be calculated daily and is the minimum amount of the
balance of the common fund for that day.
(4) Before deciding the levy to be charged under this section, the
Public Trustee must take into account the advice of the Treasurer
as to the value of the indemnity provided under section 97(4) and
any guarantee provided under section 97(7).
29 Minors
(1) Where a person pays money to the Public Trustee for investment
thereof in a common fund for the use and benefit of any person
under the age of 18 years, the Public Trustee may pay to the
beneficiary any interest which may accrue on the sum invested in
the same manner as if the beneficiary were of full age.
(2) The receipt of a beneficiary of money paid to him or her by the
Public Trustee under subsection (1) shall be a sufficient discharge
for all money paid to him or her notwithstanding his or her
incapacity or inability at law to contract or act for himself or herself.
(3) The Public Trustee shall be discharged from liability in respect of
any payments made by him or her under the authority of this
section.
Part V Investment of estate funds and common funds
Public Trustee Act 1979 16