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Public Trustee Act 1979
74Commissions, fees, charges and expenses
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74 Commissions, fees, charges and expenses
(1) Subject to the direction of the Minister, the Public Trustee may
charge against an estate or trust or property under the
management or control of the Public Trustee commission, fees and
charges for services provided by the Public Trustee at the rate or
amount determined under subsection (2) or as is agreed.
(2) The Minister may, by notice in the Gazette, determine rates or
amounts of commission, fees and charges that may be charged
under subsection (1).
(3) Commission, fees and charges charged under subsection (1) are in
addition to:
(a) any other fees and levies charged under this Act; and
(b) any expenses properly incurred by the Public Trustee in
connection with the estate, trust or property.
(4) Commission, fees, charges and expenses:
(a) may be deducted from money received or held by the Public
Trustee in connection with the estate, trust or property in
respect of which the services to which the commission, fees or
charge relate were provided or the expenses were incurred; or
(b) may be raised (together with the costs and expenses of doing
so) by the sale or mortgage of, or the giving or taking of a
charge over, any property of the estate or trust in respect of
which the services to which the commission or fees relate
were provided or the expenses were incurred.
(5) The Public Trustee may authorise outgoings and maintenance
payments from the common funds in respect of investments,
including real property investments, that are under the management
or control of the Public Trustee.