NTIn ForceAct
Public Trustee Act 1979
67ABona vacantia
Start here
Get a plain-English read of 67A
Turn the raw legal text into a practical explanation grounded in Public Trustee Act 1979.
67A Bona vacantia
(1) Where, by virtue of section 66 of the Administration and Probate
Act 1969 or another law in force in the Territory, an estate or
interest in property, whether real or personal, is or is deemed to be
bona vacantia to which the Territory is entitled, the Public Trustee
may take such lawful action as is necessary or desirable to call in,
recover, receive, sell, convert or otherwise dispose of or deal with
the estate in property.
Part IX Miscellaneous
Public Trustee Act 1979 32
(2) Without limiting the power of the Public Trustee under
subsection (1), the Public Trustee may, in relation to an estate or
interest in property referred to in that subsection:
(a) apply for letters of administration, with or without a will
annexed;
(b) execute all instruments, including instruments under the Land
Title Act 2000, deeds and documents which are necessary to
transfer the estate or interest in property;
(c) from amounts received, pay out liabilities, debts, costs,
charges and expenses properly incurred and chargeable
against the estate or interest in property; and
(d) give a valid receipt to a person.
(3) The Public Trustee shall pay the net proceeds from property
referred to in subsection (1) into the Central Holding Authority.
(4) This section does not apply to, or in relation to, property which is
vested in the Australian Securities and Investments Commission by
the Corporations Act 2001.
Part IX Miscellaneous