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Authorised by the Parliamentary Counsel
[s 343]
Trusts Bill 2025
Part 19 Other amendments
(b) if the value of all the trust property of the
land trust does not exceed the monetary
limit under the District Court of Queensland
Act 1967, section 68—the District Court.
343 Amendment of s 174 (Jurisdiction of Supreme Court)
(1) Section 174, ‘Supreme Court’—
omit, insert—
court
(2) Section 174, ‘Trusts Act 1973’—
omit, insert—
Trusts Act 2025
344 Amendment of sch 1 (Dictionary)
Schedule 1—
insert—
court, in relation to a proceeding relating to trust
property of a land trust, for part 15, division 2, see
section 173A.
Part 19 Other amendments
345 Legislation amended
Schedule 2 amends the legislation it mentions.
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Schedule 1
Trusts Bill 2025
Page 203
Authorised by the Parliamentary Counsel
Schedule 1 Dictionary
section 5
able and willing to act, as appointor for a trust, for part 3, see
section 18.
accountant means—
(a) a member of CPA Australia who is entitled to use the
letters ‘CPA’ or ‘FCPA’; or
(b) a member of Chartered Accountants Australia and New
Zealand who is entitled to use the letters ‘CA’ or ‘FCA’;
or
(c) a member of the Institute of Public Accountants who is
entitled to use the letters ‘MIPA’ or ‘FIPA’.
administrator means—
(a) an administrator under the Guardianship and
Administration Act 2000 appointed for 1 or more
financial matters for a person; or
(b) another person authorised by an order registered under
the Guardianship and Administration Act 2000, section
169 to do anything in relation to 1 or more financial
matters for a person.
advancement, in relation to a person, includes benefit.
agent means an agent appointed under section 107.
appointor, for a trust, means a person nominated in the trust
instrument for the purpose of appointing new trustees of the
trust.
apprehended decision, for part 11, division 9, see section
187(1)(b)(ii).
approved form means a form approved under section 219.
attorney means a person appointed as an attorney, and
authorised to do anything in relation to 1 or more financial
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Trusts Bill 2025
Page 204
Authorised by the Parliamentary Counsel
matters for another person, by an enduring power of
attorney—
(a) made by the other person under the Powers of Attorney
Act 1998; or
(b) made by the other person in another jurisdiction and
recognised under section 34 of that Act.
benefit, in relation to the advancement of a person, includes
insurance on the life of the person.
capacity, for a matter, see section 10(1).
Chapter 5 body corporate see the Corporations Act, section 9.
charitable see section 11.
charitable trust means a trust created for a charitable purpose.
charity means an institution, whether or not incorporated, that
is established for a charitable purpose.
claim, in relation to a trust, for part 9, division 2, see section
137.
claimant—
(a) for part 9, division 2—see section 137; or
(b) for part 9, division 3—see section 143(1)(b).
contingent right, in relation to land, includes—
(a) a contingent or executory interest and a possibility
coupled with an interest, whether or not the object of the
gift or limitation of the interest or possibility is
ascertained; and
(b) a right of entry, whether immediate or future, and
whether vested or contingent.
continuing trustee includes a surviving trustee.
court means—
(a) in relation to any matter under this Act—the Supreme
Court; or
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Trusts Bill 2025
Page 205
Authorised by the Parliamentary Counsel
(b) in relation to a matter under this Act for which the
District Court has jurisdiction under the District Court
of Queensland Act 1967—the District Court.
create, a trust, includes establish a trust.
custodian trustee means a corporation appointed as a
custodian trustee under section 47.
deductible gift recipient, for part 13, see section 212.
delegate—
(a) for part 7, division 4, generally—see section 95(4)(b); or
(b) for part 7, division 4, subdivision 4—see section 103.
eligible recipient, for part 13, see section 212.
entitled person, for part 7, division 3, see section 90(1)(a) and
(b).
extension application, for part 7, division 3, see section 89(4).
financial matter—
(a) in relation to an adult for whom an attorney is
appointed—see the Powers of Attorney Act 1998,
schedule 2, section 1; or
(b) in relation to any other adult—see the Guardianship and
Administration Act 2000, schedule 2, section 1.
government entity, for part 13, see section 212.
guardian, in relation to a child, means—
(a) a parent of the child; or
(b) another person who has the legal parental responsibility
for making decisions about the long-term care,
wellbeing and development of the child.
impaired capacity, for a matter, see section 10(2).
instrument of change, for part 3, division 5, see section 32(1).
instrument of delegation, for part 7, division 4, see section
95(2).
interested person, for part 7, division 3, see section 88(2).
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Trusts Bill 2025
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Authorised by the Parliamentary Counsel
investment power, for part 6, see section 66.
last continuing trustee includes a sole trustee.
lease includes bailment.
licensed trustee company see the Corporations Act, section 9.
management power, in relation to a trust, for part 11, division
6, see section 178.
managing trustee, of a trust, see section 46.
minimum trustee requirements, for a trust, for part 3, division
3, see section 27.
mortgage debt, for part 7, division 6, see section 110(1)(a).
payment, in relation to securities, includes the deposit or
transfer of the securities.
possessed, of property, for part 11, see section 162.
post-change trustee, in relation to an instrument of change,
for part 3, division 5, see section 33.
potential claimant, for part 9, division 2, see section 137.
pre-change trustee, in relation to an instrument of change, for
part 3, division 5, see section 33.
prescribed power, for a prescribed trust, for part 13, see
sections 213(2) and 214(3).
prescribed trust, for part 13, see section 212.
primary beneficiary, in relation to a mortgage debt held on
trust for persons in succession, for part 7, division 6, see
section 109.
priority outgoing, in relation to land the subject of a
mortgage, for part 7, division 6, see section 109.
professional charges, of a professional trustee, for part 10,
see section 158.
professional investor, for part 6, see section 66.
professional trustee—
(a) for part 5—see section 59; or
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Authorised by the Parliamentary Counsel
(b) for part 10—see section 158.
protective trust, for part 11, division 7, see section 182.
public trustee means the public trustee under the Public
Trustee Act 1978.
recipient, for part 9, division 3, see section 143(2).
relevant capital, for part 8, see section 128(2).
relevant decision, for part 11, division 9, see section
187(1)(b)(i).
relevant power, in relation to a trustee or another person, for
part 11, division 9, see section 186.
relevant registrar means—
(a) in relation to land—the registrar under the Land Title
Act 1994 or other person having the function of
registering or recording dealings with the land; or
(b) in relation to a water allocation—the registrar under the
Water Act 2000.
relevant trust, for part 13, see section 212.
requirement, of another Act or of a law of another State or the
Commonwealth, includes a requirement the other Act or law
authorises or permits to be imposed.
sale, of property, includes an exchange of property.
securities includes stock and debentures.
stated circumstances, in relation to the delegation of a matter,
for part 7, division 4, see section 95(4)(a).
statutory trustee see section 7(2).
stock includes shares.
trust see section 6.
trustee—
(a) generally—see section 7(1); or
(b) for part 5—see section 59; or
(c) for part 10—see section 158.
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Authorised by the Parliamentary Counsel
trustee corporation means—
(a) the public trustee; or
(b) a licensed trustee company.
trust instrument see section 8.
trust property see section 9.
variation application, for part 7, division 3, see section
89(1)(a).
vesting order see section 171(1).
water allocation means a water allocation under the Water Act
2000.
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Schedule 2
Trusts Bill 2025
Page 211
Authorised by the Parliamentary Counsel
Charitable Funds Act 1958
1 Section 3(3), ‘the Supreme Court or of any judge’—
omit, insert—
the Supreme Court or the District Court, or the
powers of the Attorney-General,
2 Section 3(3)—
insert—
Note—
See the Trusts Act 2025, part 12, division 3 in relation to
the approval of particular schemes by the Supreme
Court, the District Court and the Attorney-General.
3 Section 21(c), from ‘is vested in any persons’—
omit, insert—
is vested in any persons—
(i) the order vesting the property has the same
effect as if it were a vesting order under the
Trusts Act 2025 made in relation to property
of the same type; and
(ii) the Trusts Act 2025, part 11, division 4
applies, with any necessary modifications,
in relation to the order as if it were a vesting
order mentioned in subparagraph (i);
Funeral Benefit Business Act 1982
1 Section 40(1)(a), ‘Trusts Act 1973, part 3’—
omit, insert—
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Trusts Bill 2025
Page 212
Authorised by the Parliamentary Counsel
Trusts Act 2025, part 6
Guardianship and Administration Act 2000
1 Schedule 4, definition authorised investment, paragraph
(a), from ‘would be’—
omit, insert—
would be an investment in accordance with the
Trusts Act 2025; or
Land Act 1994
1 Section 90, ‘Trusts Act 1973’—
omit, insert—
Trusts Act 2025
Land Valuation Act 2010
1 Section 210(2)—
omit, insert—
(2) Despite the Trusts Act 2025, section 78(3), the
valuer-general’s certificate is taken to be an
independent valuation of the property for section
78(2)(a) of that Act.
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Trusts Bill 2025
Page 214
Authorised by the Parliamentary Counsel
Trusts Act 2025
Powers of Attorney Act 1998
1 Section 84(3), definition authorised investment,
paragraph (a), from ‘would be’—
omit, insert—
would be an investment in accordance with the
Trusts Act 2025; or
Property Law Act 1974
1 Section 38(3A), ‘Trusts Act 1973, section 90’—
omit, insert—
Trusts Act 2025, sections 173 to 175
2 Section 222(2), ‘Trusts Act 1973’—
omit, insert—
Trusts Act 2025
Property Law Act 2023
1 Section 38(1), ‘Trusts Act 1973, section 90’—
omit, insert—
Trusts Act 2025, sections 173 to 175
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Trusts Bill 2025
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Authorised by the Parliamentary Counsel
Public Trustee Act 1978
1 Sections 19(1)(d) and 41(7), ‘Trusts Act 1973’—
omit, insert—
Trusts Act 2025
Retirement Villages Act 1999
1 Sections 95 and 101, ‘an authorised investment under the
Trusts Act 1973.’—
omit, insert—
an investment made under the Trusts Act
2025, section 69 in accordance with the
duties under—
(a) sections 70 and 71 of that Act; and
(b) either—
(i) part 6, division 2 of that Act; or
(ii) part 5, division 2 of that Act, to
the extent that division applies in
relation to the exercise of an
investment power.
2 Sections 95 and 101—
insert—
(2) In this section—
investment power see the Trusts Act 2025, section
66.
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Trusts Bill 2025
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Authorised by the Parliamentary Counsel
Note—
See also section 173 in relation to the application of the
Trusts Act 2025.
2 Part 15, heading, ‘Trusts Act 1973’—
omit, insert—
Trusts Act 2025
3 Section 173, heading, ‘Trusts Act 1973’—
omit, insert—
Trusts Act 2025
4 Section 173(1), (2) and (3), ‘Trusts Act 1973’—
omit, insert—
Trusts Act 2025
5 Sections 175(1), 176(2) and 177(1), ‘Supreme Court’—
omit, insert—
court
6 Section 178(1), ‘Supreme Court’s’—
omit, insert—
court’s
7 Sections 178, 179(1), 180 and 181, ‘Supreme Court’—
omit, insert—
court
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Trusts Bill 2025
Page 218
Authorised by the Parliamentary Counsel
Trustee Companies Act 1968
1 Section 37(2)(a)—
omit, insert—
(a) in investments that—
(i) could be made by a trustee exercising
an investment power under the Trusts
Act 2025, part 6; or
(ii) are authorised by any other Act for the
investment of trust funds; or
United Grand Lodge of Antient Free and Accepted
Masons of Queensland Trustees Act 1942
1 Section 3D, heading, ‘Unauthorised’—
omit, insert—
Particular
2 Section 3D, ‘an authorised investment within the meaning
of the Trusts Act 1973’—
omit, insert—
a prescribed investment
3 Section 3D—
insert—
(2) In this section—
investment power see the Trusts Act 2025, section
66.
prescribed investment means an investment made
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