28Fees and expenses of public trustee and guardian

28 Fees and expenses of public trustee and guardian (1) The public trustee and guardian— (a) may, in respect of a service rendered by the public trustee and guardian for which no other provision for the payment of a fee is made under this Act, charge such fee, whether by way of commission or otherwise, as is determined under section 75 for this section; and (b) is entitled to the reasonable expenses incurred by the public trustee and guardian in rendering a service. (2) The fees and expenses payable under subsection (1) in respect of a service rendered by the public trustee and guardian in connection with an estate, trust or fund— (a) may be paid by the public trustee and guardian from moneys in the estate, trust or fund; and (b) are, subject to any other law in force in the ACT, payable in priority to any other debts or liabilities of the estate, trust or fund. (3) The incidence of the fees and expenses payable under this section as between capital and income shall be determined by the public trustee and guardian. (4) Where, but for this subsection, there would be payable to the public trustee and guardian under this section an amount in respect of fees or expenses, the public trustee and guardian may dispense with the payment of that amount or reduce the amount that would otherwise be payable where the public trustee and guardian is satisfied that payment of the amount would impose hardship on a person or that other circumstances exist that justify taking such action.