Public Trustee Act 1978 (Qld)

Public Trustee Act 1978

An Act about the public trustee

Part 1 Preliminary

1 Short title This Act may be cited as the Public Trustee Act 1978.

2 Commencement This Act shall commence on a day to be fixed by proclamation.

3 [Repealed]

4 Crown to be bound This Act, except where otherwise provided, binds the Crown not only in right of the State but also, as far as the legislative power of Parliament permits, the Crown in all its other capacities.

5 Provision about the Child Protection (International Measures) Act 2003 The Child Protection (International Measures) Act 2003 includes provisions about the exercise of jurisdiction under this Act.

6 Definitions In this Act— appointed board member, for part 8A, see section 117V. benefit, in relation to a person, includes insurance on the life of that person and the education and advancement of that person. board, for part 8A, see section 117V. board meeting, for part 8A, see section 117ZO(1). board member, for part 8A, see section 117ZB. body includes a corporation, unincorporated body or association including a partnership or association of persons. common fund means a common fund established under section 19. corporation means the corporate sole constituted by the public trustee under the name The Public Trustee of Queensland. court means the Supreme Court. election to administer means an election filed pursuant to section 30 or 31. employer, in relation to an amount of unpaid wages, for part 8, division 1, see section 98. estate under administration means any property held, administered, managed or controlled by the public trustee in any capacity (including, for example, as personal representative, trustee, administrator, guardian, committee, manager, liquidator or receiver), and includes— (a) an estate under management as defined in section 64; and (b) an estate under administration that is administered jointly with someone else. former employee, for part 8, division 1, see section 98. grant of administration means— (a) probate of the will of a deceased person; or (b) letters of administration of the estate of a deceased person, with or without the will annexed, for general, special or limited purposes; or (c) an order to administer; or (d) an election to administer; and a reference to the making of a grant of administration includes the filing of an election to administer. incapacitated person means an incapacitated person as defined in section 64. instrument includes any deed, will, agreement for a settlement, Act of Parliament or order of a court or any number of such instruments, whether made or passed before or after, or partly before and partly after, the commencement of this Act. official solicitor means the official solicitor to the public trustee provided for in section 16. order to administer means an order of the court made pursuant to part 3 authorising the public trustee, either solely or jointly with someone else to administer the estate of a deceased person, whether general or special or limited in any way. owner, in relation to property, includes any person having an estate or interest in the property. permanent board member, for part 8A, see section 117V. personal information means information or a document about an individual's affairs, but does not include— (a) information or a document that is publicly available; or (b) criminal history information within the meaning of section 117ZM(5); or (c) statistical or other information, or a document containing statistical or other information, that could not reasonably be expected to result in the identification of the individual to whom the information or document relates. personal representative means a person having a grant of administration. person under a legal disability— (a) for section 59—see section 59(1A); and (b) otherwise—means a child. proceedings includes any action, cause or matter and any other procedure, in court or otherwise, whether formal or informal, (including criminal proceedings as to property, the submission to arbitration or the lodging of a caveat) directed to the assertion, enforcement or protection of any right. property includes real and personal property of every description or kind and wherever situated, any estate or interest therein, any debt, any thing in action and any other right or interest whether legal or equitable (including, without prejudice to the generality of the foregoing, rights as to rescission, avoidance or restitution). public trustee means— (a) as an individual—the Public Trustee of Queensland; or (b) in any other case—the corporation. registering authority means the registrar of titles or anyone else required or permitted to record interests in property. stock includes stock (whether debenture, inscribed or otherwise), shares, debentures, units and notes (secured or otherwise) and other like investments. trust includes— (a) implied and constructive trusts; and (b) cases where the trustee has a beneficial interest in the trust property; and (c) the duties incidental to a personal representative's office; but does not include the duties incidental to a mortgaged interest. trustee means a person who administers a trust. unclaimed moneys fund means the account maintained pursuant to section 25. unpaid wages, for part 8, division 1, see section 98B.