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Public Trustee Act 1979
72ACertificate of Public Trustee
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72A Certificate of Public Trustee
(1) Where the Public Trustee is acting as executor, administrator,
attorney, trustee, receiver, manager, committee or guardian, a
certificate under the seal of the Public Trustee certifying:
(a) the capacity referred to in this subsection in which the Public
Trustee is authorized to act;
(b) the manner in which the Public Trustee became authorized to
act in that capacity;
(c) the time at which the Public Trustee became authorized to act
in that capacity;
(d) that the real or personal property described in the certificate
forms part of the estate in respect of which the Public Trustee
is acting,
shall, without further proof, be accepted by all courts, employees
and persons, whether acting under an Act or not, as sufficient
evidence of the respective matters so certified.
(2) Where the Public Trustee is executor of, or has a grant of
administration of, the estate of any deceased person, a certificate
by the Public Trustee under his or her seal certifying all or any of
the following facts, namely:
(a) the name of the deceased;
(b) the residential address of the deceased at the time of his or
her death;
(c) the occupation of the deceased immediately prior to the time
of his or her death;
(d) the nature or form of the authority by which the Public Trustee
is administering the estate;
(e) the date of granting of the authority referred to in
paragraph (d);
Part IX Miscellaneous
Public Trustee Act 1979 36
(f) the reference number of the authority referred to in
paragraph (d);
(g) the manner in which the Public Trustee became authorized to
administer the estate; and
(h) the time at which the Public Trustee became authorized to
administer the estate,
shall, without further proof, be accepted by all courts, employees
and persons, whether acting under an Act or not, as sufficient
evidence of the respective matters so certified.
(3) A certificate made in pursuance of subsection (1) in relation to any
property registered under the Land Title Act 2000 shall be sufficient
evidence for the Registrar-General to register the Public Trustee as
the proprietor of the estate or interest described in the certificate.
(4) Where the Public Trustee is acting jointly with another person in
any of the capacities mentioned in subsection (1) or (2), a certificate
issued in accordance with the conditions of this section shall be
accepted by all courts, employees and persons, whether acting
under an Act or not, as sufficient evidence of the facts set out
therein without any other proof.