Public Trustee and Guardian Act 1985
26December 2025. It also includes any commencement, amendment, repeal or expiry affecting
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26 December 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 December 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
contents 1 Page 1 Name of Act 2 2 Dictionary 2 3 Notes 2 3A Offences against Act—application of Criminal Code etc 2 4 Administration Act definitions 3 5 Public trustee and guardian 4 6 Deputy public trustee and guardian 4 8 Public trustee and guardian a corporation sole 4 9 Agent of public trustee and guardian 5 9A Delegation by public trustee and guardian 5
Page contents 2 Public Trustee and Guardian Act 1985 10 Protection of public trustee and guardian etc from liability 6 11 Protection of public trustee and guardian where mistake as to death etc 7 12 Liability of public trustee and guardian 8 13 Capacities in which public trustee and guardian may act 9 13A Appointment as person responsible for disposal of unclaimed deceased person 10 14 Public trustee and guardian may act jointly with another person 11 15 Appointment of public trustee and guardian on order of court 12 16 Effect of appointment or election 13 Division 3.2 Appointment of public trustee and guardian as trustee 17 Appointment 13 18 Appointment of public trustee and guardian as sole trustee 14 19 Vesting of property 14 Division 3.3 Appointment of public trustee and guardian as guardian or manager 19A Application—div 3.3 15 19B Other functions of public trustee and guardian as guardian or manager 15 19C Guardian or manager of last resort 16 19D Engagement of lawyer 16 Part 4 Powers and duties of public trustee and guardian 20 Powers of public trustee and guardian under Act additional to powers under other laws 17 21 Express powers of public trustee and guardian 17 22 Wills 20 23 Safe custody of documents and chattels 20 23A Public trustee and guardian register 20 24 Legal representation 21 24A Public trustee and guardian to report to ACAT 22