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Part 18 Amendment of Acts
Division 5 Amendment of Funeral Benefit
Business Act 1982
324 Act amended
This division amends the Funeral Benefit Business Act 1982.
Note—
See also the amendment in schedule 2.
325 Amendment of s 79 (Application of Trusts Act 1973)
(1) Section 79, heading, ‘Trusts Act 1973’—
omit, insert—
Trusts Act 2025
(2) Section 79(1), after ‘applies’—
insert—
if a payment is made by or on behalf of a
contributor under a funeral benefit agreement
(3) Section 79(2) and (3)—
omit, insert—
(2) The Trusts Act 2025 applies in relation to the
payment in the way, and to the extent, prescribed
by regulation.
326 Replacement of pt 9, hdg (Transitional provisions for
Liquor and Gaming (Red Tape Reduction) and Other
Legislation Amendment Act 2013)
Part 9, heading—
omit, insert—
Part 9 Transitional provisions
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Part 18 Amendment of Acts
Division 1 Transitional provisions for
Liquor and Gaming (Red
Tape Reduction) and Other
Legislation Amendment
Act 2013
327 Amendment of s 90 (Definitions for pt 9)
(1) Section 90, heading, ‘pt 9’—
omit, insert—
division
(2) Section 90, ‘part’—
omit, insert—
division
328 Insertion of new pt 9, div 2
Part 9—
insert—
Division 2 Transitional provisions for
Trusts Act 2025
97 Definition for division
In this division—
new, for a provision of this Act, means the
provision as in force from the commencement.
98 Application of Trusts Act 2025 to particular
payments made before commencement
New section 79(2) applies in relation to a payment
made to an entity as mentioned in new section
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Part 18 Amendment of Acts
79(1) whether the payment was made before or
after the commencement.
99 Continued application of repealed Trusts Act
1973 in particular circumstances
(1) This section applies if, on the commencement, a
regulation under new section 79(2) is not in force.
(2) Until a regulation under new section 79(2) is first
in force, the repealed Trusts Act provisions
continue to apply in relation to a payment made to
an entity as mentioned in new section 79(1) as
if—
(a) the Trusts Act 2025 had not been enacted;
and
(b) the entity were a trustee, and the payment
were trust property, within the meaning of
the repealed Trusts Act 1973.
(3) Subsection (2) applies whether the payment was
made before or after the commencement.
(4) In this section—
repealed Trusts Act provisions means the
following provisions of the repealed Trusts Act
1973—
(a) part 1;
(b) part 2, other than sections 17 and 18;
(c) part 3, other than sections 28, 30 and 30A;
(d) part 4, other than sections 32 to 48, 53 and
57;
(e) part 5;
(f) part 6, other than sections 66, 67, 73 to 75
and 78;
(g) part 7, other than sections 84, 86 to 89, 93
and 95;
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Part 18 Amendment of Acts
(h) part 10, other than sections 114, 116 and
117.
Division 6 Amendment of Public Trustee Act
1978
329 Act amended
This division amends the Public Trustee Act 1978.
Note—
See also the amendment in schedule 2.
330 Replacement of s 40 (When public trustee being
custodian trustee or statutory trustee may act as general
trustee)
Section 40—
omit, insert—
40 When public trustee as custodian trustee may
act as managing trustee
(1) This section applies if—
(a) the public trustee has been appointed under
the Trusts Act 2025, section 47 as the
custodian trustee of trust property; and
(b) because of a circumstance mentioned in
section 20(1)(a) to (i) of that Act, there is no
managing trustee of the trust capable of
acting in the execution of the trust.
(2) Until a new managing trustee of the trust is
appointed, the public trustee—
(a) may act as managing trustee of the trust; and
(b) for that purpose, has all the powers,
authorities and discretions of a managing
trustee of the trust.
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Note—
See the Trusts Act 2025, section 49.
(3) However, the public trustee is not required to act
in the execution of the trust.
(4) This section does not affect the power of any court
or person to appoint a new managing trustee of the
trust, but an appointment of a managing trustee
does not take effect until written notice of the
appointment is given to the public trustee.
(5) In this section—
managing trustee see the Trusts Act 2025, section
46.
40A When public trustee as statutory trustee may
act as trustee
(1) This section applies if, apart from this section, the
public trustee is a statutory trustee within the
meaning of the Trusts Act 2025.
(2) Until a new trustee of the trust is appointed, the
public trustee—
(a) may act as a trustee of the trust who is not a
statutory trustee; and
(b) for that purpose, has all the powers,
authorities and discretions of a trustee who
is not a statutory trustee within the meaning
of the Trusts Act 2025.
331 Insertion of new pt 10, div 4
Part 10—
insert—
Division 4 Transitional provisions for
Trusts Act 2025
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150 When public trustee as custodian trustee may
act as managing trustee—existing
appointment
Section 40, as inserted by the Trusts Act 2025,
applies as if—
(a) the reference in section 40(1)(a) to the
Trusts Act 2025, section 47 included a
reference to the repealed Trusts Act 1973,
section 19; and
(b) the reference in section 40(1)(b) to the
Trusts Act 2025, section 20(1)(a) to (i)
included a reference to the repealed Trusts
Act 1973, section 12(1)(a) to (h) or (3).
151 Application of former s 40(3) to particular
statutory trustees
(1) This section applies if, immediately before the
commencement, the public trustee was, apart
from former section 40(3), a statutory trustee
within the meaning of the repealed Trusts Act
1973 of land mentioned in section 6(1)(a) of that
Act.
(2) Former section 40(3) continues to apply to the
public trustee as if the Trusts Act 2025 had not
been enacted.
(3) In this section—
former section 40(3) means section 40(3) as in
force immediately before the commencement.
Division 7 Amendment of River Improvement
Trust Act 1940
332 Act amended
This division amends the River Improvement Trust Act 1940.
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Part 18 Amendment of Acts
333 Insertion of new s 5BA
After section 5B—
insert—
5BA Relationship with Trusts Act 2025
The Trusts Act 2025, section 14 does not apply to
a trust established under this Act.
334 Replacement of pt 9, hdg (Transitional provision for Water
Legislation Amendment Act 2016)
Part 9, heading—
omit, insert—
Part 9 Transitional and
validation provisions
Division 1 Transitional provision for
Water Legislation
Amendment Act 2016
335 Insertion of new pt 9, div 2
Part 9—
insert—
Division 2 Validation provision for
Trusts Act 2025
25 Relationship with repealed Trusts Act 1973
The repealed Trusts Act 1973, section 11 is
taken—
(a) never to have applied to a trust established
under this Act; and
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(b) never to have affected the appointment of a
member of a trust made, before the
commencement of this section, under part 3,
division 1 of this Act.
Division 8 Amendment of Succession Act 1981
336 Act amended
This division amends the Succession Act 1981.
Note—
See also the amendments in schedule 2.
337 Insertion of new ss 49B–49D
After section 49A—
insert—
49B Power to carry on business
(1) This section applies if, at the time of a deceased
person’s death, the person was engaged in
carrying on a business.
(2) The personal representative of the deceased
person may carry on the business, but only for—
(a) the period, of not more than 2 years from the
deceased person’s death, that is reasonably
necessary for realising the business; and
(b) any further period approved by the court
under section 49D.
(3) For the purpose of carrying on the business, the
personal representative may—
(a) use any part of the deceased person’s estate
that is reasonably necessary; and
(b) increase or reduce, as necessary, usage of
the estate under paragraph (a); and
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(c) buy stock, machinery, implements and
chattels; and
(d) employ the managers, agents, workers and
other persons the personal representative
considers appropriate; and
(e) at any time, enter into a partnership
agreement to take the place of any
partnership agreement in effect immediately
before, or at any time after, the deceased
person’s death; and
(f) enter into sharefarming agreements.
(4) For subsection (3)(e), it does not matter that the
personal representative was a partner of the
deceased person in the personal representative’s
own right.
(5) Nothing in this section affects any other authority
to do the acts authorised to be done under this
section.
(6) If the deceased person’s estate is being
administered under the deceased person’s will,
this section is subject to a contrary intention
appearing in the will.
(7) Without limiting subsection (6), a provision of the
deceased person’s will that confers on the
personal representative the power to postpone the
sale of any relevant business property is, for that
subsection, taken to be a contrary intention
appearing in the deceased person’s will.
(8) This section applies—
(a) despite the Trusts Act 2025, sections 82 and
83; but
(b) subject to the other provisions of the Trusts
Act 2025 and any other Act.
(9) In this section—
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relevant business property, in relation to a
deceased person, means property that, at the time
of the deceased person’s death, was being used by
the person in carrying on a business.
Note—
See, however, the Trusts Act 2025, section 264 in
relation to the continued application of the repealed
Trusts Act 1973, section 57 to a trustee who,
immediately before the commencement, was carrying
on a business under that section.
49C Power to subscribe to particular funds if
carrying on business
(1) This section applies if the personal representative
of a deceased person is carrying on a business
under section 49B.
(2) The personal representative may subscribe to a
relevant fund in connection with the business if
the personal representative considers it would, if
the personal representative were acting for
themself, be prudent to subscribe to the fund.
(3) Subscriptions to the relevant fund must be paid
from the business income of the deceased
person’s estate.
(4) This section does not affect any other authority
the personal representative may have to subscribe
to the relevant fund.
(5) If the deceased person’s estate is being
administered under the deceased person’s will,
this section is subject to a contrary intention
appearing in the will.
(6) In this section—
relevant fund, in connection with a business,
means a fund that—
(a) is created for objects or purposes in support
of any business of a similar nature; and
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Part 18 Amendment of Acts
(b) is subscribed to by other persons engaged in
a similar business.
49D Court may approve period for carrying on
business
(1) This section applies if, at the time of a deceased
person’s death, the person was engaged in
carrying on a business.
(2) The court may, on application by the personal
representative of the deceased person or a
beneficiary of the deceased person’s estate—
(a) by order, approve that the personal
representative may carry on the business for
a stated period, including on the conditions
the court considers appropriate; and
(b) make the order retrospective to a stated date.
(3) An application for an order under subsection (2)
may be made at any time, whether or not any
previous authority to carry on the business,
including a previous approval under this section,
has ended.
338 Insertion of new s 53A
After section 53—
insert—
53A Protection of personal representatives for
calls made after transfer of shares
(1) This section applies if, on a deceased person’s
death, the person was registered as the holder of
shares in a company that have not been fully paid
up.
(2) The personal representative of the deceased
person may distribute the deceased person’s
estate as soon as the personal representative has
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Part 18 Amendment of Acts
obtained the registration of some other person as
the holder of the shares.
(3) It is not necessary for a distribution under
subsection (2) for the personal representative to
reserve any portion of the estate for the payment
of calls made after the date of the registration,
whether the call is made by the company or its
directors or by its liquidator in a winding-up.
(4) This section does not affect any right the company
or its liquidator may have to follow the assets of
the deceased person’s estate into the hands of the
persons to whom the assets have been distributed.
(5) In this section—
personal representative, of a deceased person,
includes a trustee of the will or estate of the
deceased person.
339 Insertion of new s 61AA
After section 61—
insert—
61AA Abolition of rule in Allhusen v Whittell
(1) This section applies if—
(a) under the will of a person who dies on or
after 1 July 1973, any property included in a
disposition of the residuary estate is settled
in succession (the settled property); and
(b) income is derived from the settled property.
(2) The personal representative of the deceased
person must not apply any part of the income of
the settled property to pay any of the following
(each a capital expense)—
(a) the debts and liabilities that have accrued at
the date of the deceased person’s death;
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(b) the funeral, testamentary and administration
expenses;
(c) any legacies bequeathed by the will.
(3) Subsection (2) does not apply in relation to—
(a) any commission payable to the personal
representative in relation to the income of
the settled property; or
(b) any testamentary or administration expenses
that, apart from that subsection, would be
payable wholly out of income.
(4) The personal representative must—
(a) apply the income of the settled property, in
priority to any other property, to pay the
interest (if any) that accrues on a capital
expense after the date of the deceased
person’s death and up to the payment of the
capital expense; and
(b) pay the balance of the income of the settled
property to the person for the time being
entitled to the income.
(5) If, after the deceased person’s death, income is
derived from property that is ultimately applied
(wholly or in part) to pay a capital expense, for
this section, the income is taken to be income of
the residuary estate.
(6) This section—
(a) affects only the rights of the beneficiaries
under the deceased person’s will; and
(b) does not affect the rights of creditors of the
deceased person’s estate.
(7) This section applies subject to—
(a) a contrary intention appearing in the
deceased person’s will; and
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Part 18 Amendment of Acts
(b) the provisions of any Act about charges on
the property of the deceased person’s estate.
(8) In this section—
personal representative, of a deceased person,
includes a trustee of the will of the deceased
person.
Division 9 Amendment of Torres Strait Islander
Land Act 1991
340 Act amended
This division amends the Torres Strait Islander Land Act
1991.
Note—
See also the amendments in schedule 2.
341 Amendment of pt 15, div 2, hdg (Powers of Supreme
Court)
Part 15, division 2, heading, after ‘Supreme Court’—
insert—
and District Court
342 Insertion of new s 173A
Before section 174—
insert—
173A Definition for division
In this division—
court, in relation to a proceeding relating to trust
property of a land trust, means—
(a) in any case—the Supreme Court; or
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