6Power of Recorder to dispense with authority of trustee, &c.

6 Power of Recorder to dispense with authority of trustee, &c.

(1)  When any trustee, or the executor, or administrator of any trustee whose authority would be necessary for the registration of any trust under this Act cannot be found, or has been absent from Tasmania for six consecutive months, or refuses or neglects for twenty-eight days after demand to give that authority, the Recorder may, if he thinks fit, order by writing under his hand that the authority of such person be dispensed with; and every such order shall be published in the Gazette; and thereupon such trust may be registered under this Act notwithstanding that the authority of such person has not been obtained.

(2)  The Recorder shall not dispense with the authority of any person who can be found, and is in Tasmania, except after notice to such person of the application to dispense with his authority and giving him an opportunity to be heard in opposition to the same.

(3)  If it appear to the Recorder that any person with whose consent he is asked to dispense has, or is likely to have, any claim to any payment or indemnity of which he could lawfully demand satisfaction before parting with the trust property to a duly appointed successor, the Recorder may require as a condition to dispensing with the consent of such person that security be given in such form and in such amount as the Recorder may deem sufficient for the satisfaction of such claim.

(4)  The demand hereinbefore mentioned shall be in writing, and in case of trusts for purposes connected with any religious denomination shall be made by or on behalf of the registered head or representative of the denomination, and in all other cases by the other trustees or trustee or by the Attorney-General.