Title: Public Trustee (Public Trustee and Guardian) AmendmentBill 2020
Author: Office of Parliamentary Counsel
Last saved by: BAT-A16550-LegSAFTP
Category: parliamentary.copy
Document comments: ha25

House of Assembly—No 25
As laid on the table and read a first time, 25 March 2020

Public Trustee (Public Trustee and Guardian) Amendment Bill 2020
Contents

Public Trustee (Public Trustee and Guardian) Amendment Bill 2020
Part 1—Preliminary

Public Trustee (Public Trustee and Guardian) Amendment Bill 2020
Preliminary—Part 1

Public Trustee (Public Trustee and Guardian) Amendment Bill 2020
Part 2—Amendment of Public Trustee Act 1995

Public Trustee (Public Trustee and Guardian) Amendment Bill 2020
Amendment of Public Trustee Act 1995—Part 2

Public Trustee (Public Trustee and Guardian) Amendment Bill 2020
Schedule 1—Related amendments and transitional provisions etc

Public Trustee (Public Trustee and Guardian) Amendment Bill 2020
Related amendments and transitional provisions etc—Schedule 1

South Australia
Public Trustee (Public Trustee and Guardian) Amendment Bill 2020
A Bill For
An Act to amend the Public Trustee Act 1995, to make related amendments to various other Acts and for other purposes.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Public Trustee Act 1995
4	Amendment of long title
5	Amendment of section 1—Short title
6	Amendment of section 3—Interpretation
7	Amendment of heading to Part 2
8	Amendment of section 4—Public Trustee and Guardian
9	Amendment of section 5—Functions and powers
10	Amendment of section 6—Ministerial control
11	Insertion of section 6A
6A	Public Trustee and Guardian may raise matters with Minister and Attorney‑General
12	Amendment of section 7—Execution of documents
13	Amendment of section 8—Delegations
14	Amendment of section 9—Administration of deceased estate
15	Amendment of section 10—Public Trustee and Guardian need not give security
16	Amendment of section 11—No action to be instituted after Public Trustee and Guardian has obtained administration
17	Amendment of section 12—Appointment as administrator until certain actions determined
18	Amendment of section 13—Administration of trust estate
19	Amendment of section 14—Appointment as executor or trustee
20	Amendment of section 15—Appointment of Public Trustee and Guardian by executors, administrators or trustees
21	Amendment of section 16—Appointment by court as trustee of amount of judgment etc
22	Amendment of section 17—Custodian trustee
23	Amendment of section 18—Power of attorney continues despite subsequent legal incapacity
24	Amendment of section 19—Payments to or from executors etc elsewhere in Australia or in New Zealand
25	Amendment of section 20—Public Trustee and Guardian must require delivery or transfer of property to which Public Trustee and Guardian is entitled
26	Amendment of section 21—Court may summons administrator etc on application of Public Trustee and Guardian
27	Amendment of section 22—Result of disobedience to summons
28	Amendment of section 23—Public Trustee and Guardian to give notice to beneficiary entitled to property
29	Amendment of section 24—Administration of Public Trustee and Guardian may be referred to Court
30	Amendment of section 25—Public Trustee and Guardian may make advances for purposes of administration
31	Amendment of section 26—Public Trustee and Guardian to keep accounts in respect of estates etc
32	Amendment of section 27—Investment of estate funds
33	Amendment of section 28—Money from several estates may be invested as one fund
34	Amendment of section 29—Common funds
35	Amendment of section 30—Accounts, audits and reports in respect of common funds
36	Amendment of section 31—Information for investors or prospective investors in common funds
37	Amendment of section 32—Public Trustee and Guardian's duties with respect to unclaimed money or land
38	Amendment of section 33—Provision for parties subsequently claiming to apply to Court etc
39	Amendment of section 34—Appointment as manager of unclaimed property
40	Amendment of section 35—Powers of Public Trustee and Guardian as manager
41	Amendment of section 36—Public Trustee and Guardian to have discretion as to exercise of powers as manager
42	Amendment of section 37—Public Trustee and Guardian may apply to Court for directions
43	Amendment of section 38—Money to be invested in common fund
44	Amendment of section 39—Remuneration and expenses of Public Trustee and Guardian
45	Amendment of section 40—Property managed by Public Trustee and Guardian to be held for owner
46	Amendment of section 41—Termination of management
47	Amendment of section 42—Transfer of unclaimed property to Crown
48	Amendment of section 43—Expenditure of money on land
49	Amendment of section 44—Fee for administering perpetual trust
50	Amendment of section 45—General provision relating to Public Trustee and Guardian's charges
51	Amendment of section 45A—Recovery of GST
52	Amendment of section 46—ADI accounts, investment and overdraft
53	Amendment of section 47—Tax and other liabilities of Public Trustee and Guardian
54	Amendment of section 48—Dividends
55	Amendment of section 49—Responsibility of Government for acts of Public Trustee and Guardian
56	Amendment of section 50—Accounts and external audit
57	Amendment of section 51—Annual reports
58	Amendment of section 52—Certain documents may be deposited with Public Trustee and Guardian for safe keeping
59	Amendment of section 53—Certificate by Public Trustee and Guardian of appointment to act
60	Amendment of section 54—Indemnity to persons having dealings with Public Trustee and Guardian
61	Substitution of section 55
55	Regulations and fee notices
Schedule 1—Related amendments and transitional provisions etc
Part 1—Amendment of Administration and Probate Act 1919
1	Amendment of section 4—Interpretation
2	Amendment of section 34—Administration may be granted to duly authorised attorney
3	Amendment of section 37—If executor or administrator out of jurisdiction, special administrator may be appointed
4	Amendment of section 38—Special administrator to make certain affidavits
5	Amendment of section 43—Protection to persons acting in reliance on probate or administration
6	Amendment of section 45—Vesting of intestate estates until administration
7	Amendment of section 56—Statement and account to be delivered
8	Amendment of section 56A—Court may order delivery of statement and account
9	Amendment of section 58—Proceedings to compel account
10	Amendment of section 61—Rules in insolvency administration to prevail in certain cases
11	Amendment of section 62—Estate how administered
12	Amendment of section 64—Court may give permission to postpone realisation or carry on business
13	Amendment of section 65—Administrator to pay over money and deliver property to Public Trustee and Guardian
14	Amendment of section 66—Effect of delivery etc to Public Trustee and Guardian
15	Amendment of section 67—Judge may dispense wholly or partially with compliance with section 65
16	Amendment of section 69—Public Trustee and Guardian and other persons may obtain judicial advice or direction
17	Amendment of section 72L—Election by spouse or domestic partner to take dwellinghouse
18	Amendment of section 121A—Statement of assets and liabilities to be provided with application for probate or administration
19	Amendment of section 128—Power of Public Trustee and Guardian to move for attachment of an administrator
Part 2—Amendment of Advance Care Directives Act 2013
20	Amendment of section 3—Interpretation
21	Amendment of section 43—Interpretation
22	Amendment of heading to Part 7 Division 2
23	Amendment of section 45—Resolution of disputes by Public Trustee and Guardian
24	Amendment of section 46—Public Trustee and Guardian may refer matter to Tribunal
25	Amendment of section 46A—Public Trustee and Guardian may refer question of law to Supreme Court
26	Amendment of section 48—Resolution of disputes by Tribunal
27	Amendment of section 49—Tribunal may refer matter to Public Trustee and Guardian
28	Amendment of section 51—Orders of Tribunal in relation to substitute decision‑makers
29	Amendment of section 53—Reviews and appeals
30	Amendment of section 54—Tribunal must give notice of proceedings
31	Amendment of section 54B—Representation of person who is subject of proceedings
Part 3—Amendment of Aged and Infirm Persons' Property Act 1940
32	Amendment of section 8—Application for protection order
33	Amendment of section 8A—Protection order on court's own initiative
34	Amendment of section 10—Appointment of manager
35	Amendment of section 19—Filing of statement
36	Amendment of section 20—Percentage of moneys collected payable to Public Trustee and Guardian
37	Amendment of section 22—Proceedings
38	Amendment of section 24—Application to court by Public Trustee and Guardian
39	Amendment of section 31—Expenses and remuneration of manager
40	Amendment of section 32—Change of managers
41	Amendment of section 32A—Provision for Public Trustee and Guardian to manage estates of persons in other parts of the world
Part 4—Amendment of Burial and Cremation Act 2013
42	Amendment of section 56—Power of Public Trustee and Guardian to act on behalf of holder of interment right etc
Part 5—Amendment of Children and Young People (Safety) Act 2017
43	Amendment of section 161—Payment of money to Chief Executive on behalf of child or young person
Part 6—Amendment of Consent to Medical Treatment and Palliative Care Act 1995
44	Amendment of section 4—Interpretation
45	Amendment of section 18A—Interpretation
46	Amendment of heading to Part 3A Division 2
47	Amendment of section 18C—Resolution of disputes by Public Trustee and Guardian
48	Amendment of section 18D—Public Trustee and Guardian may refer matter to Tribunal
49	Amendment of section 18DA—Public Trustee and Guardian may refer question of law to Supreme Court
50	Amendment of section 18E—Resolution of disputes by Tribunal
51	Amendment of section 18F—Tribunal may refer matter to Public Trustee and Guardian
52	Amendment of section 18H—Reviews and appeals
53	Amendment of section 18I—Tribunal must give notice of proceedings
54	Amendment of section 18K—Representation of person who is subject of proceedings
Part 7—Amendment of Criminal Law Consolidation Act 1935
55	Amendment of section 269ND—Variation or revocation of condition of Division 3A order
56	Amendment of section 269P—Variation or revocation of supervision order
57	Amendment of section 269UC—Variation or revocation of continuing supervision order
Part 8—Amendment of Fisheries Management Act 2007
58	Amendment of section 57—Transfer of licence or permit
Part 9—Amendment of Freedom of Information Act 1991
59	Amendment of Schedule 2—Exempt agencies
Part 10—Amendment of Guardianship and Administration Act 1993
60	Amendment of section 3—Interpretation
61	Amendment of section 5—Principles to be observed
62	Repeal of Part 2
63	Amendment of section 28—Investigations by Public Trustee and Guardian
64	Amendment of section 29—Guardianship orders
65	Amendment of section 33—Applications under this Division
66	Amendment of section 35—Administration orders
67	Amendment of section 37—Applications under this Division
68	Amendment of section 38—Copy of order must be forwarded to Public Trustee and Guardian
69	Amendment of section 44—Reporting requirements for private administrators
70	Amendment of section 45—Reporting by Public Trustee and Guardian
71	Amendment of section 46—Remuneration of professional administrators
72	Amendment of section 48—Reciprocal administration powers with certain states
73	Amendment of section 51—Consent to appointment
74	Amendment of section 64—Reviews and appeals
75	Amendment of section 66—Tribunal must give notice of proceedings
76	Amendment of section 68—Representation of person who is subject of proceedings
77	Amendment of section 69—Tribunal may require reports
Part 11—Amendment of Inheritance (Family Provision) Act 1972
78	Amendment of section 16—Public Trustee and Guardian deemed to be administrator where order has been made authorising him to administer estate
Part 12—Amendment of Law of Property Act 1936
79	Amendment of section 7—Interpretation
80	Amendment of section 114—Power of Court to sell interest of Crown in real estate
81	Amendment of section 115—Power to waive right of Crown in certain cases
Part 13—Amendment of Mental Health Act 2009
82	Amendment of section 3—Interpretation
83	Amendment of section 16—Level 2 community treatment orders
84	Amendment of section 29—Level 3 inpatient treatment orders
85	Amendment of section 48—Patients' right to communicate with others outside treatment centre
86	Amendment of section 81—Reviews of orders (other than Tribunal orders)
87	Amendment of section 83—Review of directions for transfer of patients to interstate treatment centres
88	Amendment of section 83A—Reviews and appeals
89	Amendment of section 84—Representation on reviews or appeals
90	Amendment of section 85—Tribunal must give notice of proceedings
91	Amendment of section 85B—Representation of person who is subject of proceedings
Part 14—Amendment of Problem Gambling Family Protection Orders Act 2004
92	Amendment of section 7—Complaints
93	Amendment of section 8—Complaints or applications by or on behalf of child
Part 15—Amendment of Real Property Act 1886
94	Amendment of section 135A—Mode of payment of encumbrance
95	Amendment of section 175—Transmission of estate of deceased persons
96	Amendment of section 176—Application to be made in such case
97	Amendment of section 178—Effect of such entry
98	Amendment of section 181—Proceedings when executor etc refuse to transfer
Part 16—Amendment of Stamp Duties Act 1923
99	Amendment of Schedule 2—Stamp duties and exemptions
Part 17—Amendment of Trustee Act 1936
100	Amendment to section 4—Interpretation
101	Amendment of section 14—Power of appointing new trustees
102	Amendment of section 14A—Appointment of separate trustees
103	Amendment of section 49—Power for Court to authorise purchase of trust property by trustee
104	Amendment of section 84B—Records to be kept by trustee
Part 18—Amendment of Wills Act 1936
105	Amendment of section 6—Will of minor pursuant to leave of Court
106	Amendment of section 7—Will of person lacking testamentary capacity pursuant to permission of court
Part 19—Transitional provisions etc
107	Appointments
108	Assets, rights and liabilities
109	References
110	Processes and proceedings
111	Causes of action
112	Committees
113	Reports
114	Delegations
115	Common funds
116	Common seal
117	Information and documents

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Public Trustee (Public Trustee and Guardian) Amendment Act 2020.
2—Commencement
This Act comes into operation on a day to be fixed by proclamation.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Public Trustee Act 1995
4—Amendment of long title
Long title—after "Public Trustee" insert:
and Guardian
5—Amendment of section 1—Short title
Section 1—after "Public Trustee" insert:
and Guardian
6—Amendment of section 3—Interpretation
	(1)	Section 3, definition of common fund—delete "by the Public Trustee"
	(2)	Section 3, definition of estate—after "Public Trustee" wherever occurring insert:
and Guardian
	(3)	Section 3, definition of Public Trustee—delete the definition and substitute:
Public Trustee and Guardian means the person holding or acting in the office of Public Trustee and Guardian under Part 2;
7—Amendment of heading to Part 2
Heading to Part 2—after "Public Trustee" insert:
and Guardian
8—Amendment of section 4—Public Trustee and Guardian
	(1)	Section 4(1)—after "Public Trustee" insert:
and Guardian
	(2)	Section 4(2) and (3)—delete subsections (2) and (3)
	(3)	Section 4(4)—after "Public Trustee" insert:
and Guardian
	(4)	Section 4(4)(e)—delete paragraph (e)
	(5)	Section 4—after subsection (4) insert:
	(4a)	The Governor may, by notice published in the Gazette, appoint a person to be the Public Trustee and Guardian.
	(4b)	Subject to this Act, the terms and conditions of appointment and employment (including salary and allowances) of the Public Trustee and Guardian will be as determined by the Governor.
	(4c)	The Public Trustee and Guardian will be appointed for a term (not exceeding 7 years) and, on the expiration of a term of office, is eligible for reappointment.
	(4d)	The office of Public Trustee and Guardian becomes vacant if the Public Trustee and Guardian—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by notice in writing to the Governor; or
	(d)	is removed from office by the Governor under subsection (4e).
	(4e)	The Governor may remove the Public Trustee and Guardian from office for—
	(a)	mental or physical incapacity to carry out official duties satisfactorily; or
	(b)	neglect of duty; or
	(c)	dishonourable conduct.
	(6)	Section 4(5)—after "Public Trustee" wherever occurring insert:
and Guardian
	(7)	Section 4—after subsection (5) insert:
	(6)	To avoid doubt, the Public Trustee and Guardian is the same body corporate as the Public Trustee under the Public Trustee Act 1995, as in force immediately before the commencement of the Public Trustee (Public Trustee and Guardian) Amendment Act 2020.
9—Amendment of section 5—Functions and powers
	(1)	Section 5—after "Public Trustee" wherever occurring insert:
and Guardian
	(2)	Section 5(2) and (3)—delete subsections (2) and (3) and substitute:
	(2)	The Public Trustee and Guardian has the following functions:
	(a)	to act as a trustee, executor of a will, administrator of an estate (whether or not of a deceased person), manager, receiver, committee, curator, guardian, next friend, agent, attorney or stakeholder;
	(b)	to act as guardian of last resort for persons with a mental incapacity;
	(c)	to provide advisory services in relation to—
	(i)	the powers that may be exercised in respect of persons with a mental incapacity, or impaired decision‑making capacity, under the Guardianship and Administration Act 1993, the Advance Care Directives Act 2013 and the Consent to Medical Treatment and Palliative Care Act 1995; and
	(ii)	the operation of those Acts generally; and
	(iii)	appropriate alternatives to taking action under those Acts;
	(d)	to provide dispute resolution services in relation to advance care directives and consent to medical treatment in accordance with provisions of the Advance Care Directives Act 2013 and the Consent to Medical Treatment and Palliative Care Act 1995;
	(e)	to provide systemic advocacy in respect of the needs of mentally incapacitated persons, including—
	(i)	to keep under review, within both the public and the private sector, all programmes designed to meet the needs of mentally incapacitated persons; and
	(ii)	to identify any areas of unmet needs, or inappropriately met needs, of mentally incapacitated persons and to recommend to the Minister the development of programmes for meeting those needs or the improvement of existing programmes; and
	(iii)	to speak for and promote the rights and interests of any class of mentally incapacitated persons or of mentally incapacitated persons generally; and
	(iv)	to promote the interests of carers of mentally incapacitated persons; and
	(v)	to monitor the administration of the Guardianship and Administration Act 1993 and, if the Public Trustee and Guardian thinks fit, make recommendations to the Minister for legislative change;
	(f)	to provide individual advocacy in respect of the needs of mentally incapacitated persons, including—
	(i)	to speak for and negotiate on behalf of any mentally incapacitated person in the resolution of a problem faced by that person arising out of their mental incapacity; and
	(ii)	to give support to carers of mentally incapacitated persons; and
	(iii)	to make applications to SACAT, or to seek review of decisions made by SACAT, where the Public Trustee and Guardian considers it appropriate, in respect of the care and treatment of mentally incapacitated persons in accordance with provisions of the Guardianship and Administration Act 1993, the Advance Care Directives Act 2013, the Consent to Medical Treatment and Palliative Care Act 1995 or the Mental Health Act 2009; and
	(iv)	to appear before SACAT on behalf of persons who are the subject of applications made under the Guardianship and Administration Act 1993, the Advance Care Directives Act 2013, the Consent to Medical Treatment and Palliative Care Act 1995 or the Mental Health Act 2009;
	(g)	to investigate the affairs of a person who is the subject of an application for an order under Part 4 of the Guardianship and Administration Act 1993, or who has had an advance care directive revoked by SACAT under the Advance Care Directives Act 2013, if so directed by SACAT;
	(h)	to perform such other functions as are assigned to the Public Trustee and Guardian by or under this or any other Act, or by the Minister.
	(3)	The Public Trustee and Guardian acting in 1 capacity may, with the approval of the Court, commence or maintain proceedings against the Public Trustee and Guardian acting in another capacity.
	(3)	Section 5—after subsection (4) insert:
	(5)	The Public Trustee and Guardian may establish committees for the purpose of providing the Public Trustee and Guardian with advice in relation to the performance of any of the Public Trustee and Guardian's functions.
	(6)	A committee established under subsection (5) will be taken to be an advisory body for the purposes of the Public Sector (Honesty and Accountability) Act 1995.
10—Amendment of section 6—Ministerial control
	(1)	Section 6—after "Public Trustee" wherever occurring insert:
and Guardian
	(2)	Section 6(1)—after "policy" insert:
in respect of functions under section 5(2)(a)
	(3)	Section 6—after subsection (1) insert:
	(1a)	The Public Trustee and Guardian is not subject to control and direction by the Minister in respect of functions under—
	(a)	section 5(2)(b) to (g); and
	(b)	the Advance Care Directives Act 2013; and
	(c)	the Consent to Medical Treatment and Palliative Care Act 1995; and
	(d)	the Criminal Law Consolidation Act 1935; and
	(e)	the Guardianship and Administration Act 1993 relating to guardianship; and
	(f)	the Mental Health Act 2009; and
	(g)	the Problem Gambling Family Protection Orders Act 2004; and
	(h)	the Wills Act 1936 relating to acting as a guardian.
	(1b)	Except where the contrary intention appears, the Public Trustee and Guardian is subject to control and direction by the Minister on matters of policy in respect of any other function assigned to the Public Trustee and Guardian.
	(4)	Section 6(2)—delete "Public Trustee's" and substitute:
Public Trustee and Guardian's
11—Insertion of section 6A
After section 6 insert:
6A—Public Trustee and Guardian may raise matters with Minister and Attorney‑General
	(1)	The Public Trustee and Guardian may, at any time, raise with the Minister and the Attorney‑General any concerns the Public Trustee and Guardian may have over any matter arising out of or relating to the performance of the Public Trustee and Guardian's functions under this Act or any other Act.
	(2)	If the Public Trustee and Guardian so requests, the Attorney-General must cause a report of any matter raised by the Public Trustee and Guardian under subsection (1) to be laid as soon as practicable before both Houses of Parliament.
	(3)	The annual report furnished by the Public Trustee and Guardian under this Act must include a summary of any matters raised by the Public Trustee and Guardian under subsection (1).
12—Amendment of section 7—Execution of documents
Section 7—after "Public Trustee" wherever occurring insert:
and Guardian
13—Amendment of section 8—Delegations
	(1)	Section 8(1)—delete subsection (1) and substitute:
	(1)	Subject to this section, the Public Trustee and Guardian may delegate a function or power (other than a prescribed function or power) to a specified person or body that is, in the Public Trustee and Guardian's opinion, competent to perform or exercise the relevant function or power.
	(2)	Section 8—after subsection (2) insert:
	(3)	A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.
14—Amendment of section 9—Administration of deceased estate
Section 9—after "Public Trustee" wherever occurring insert:
and Guardian
15—Amendment of section 10—Public Trustee and Guardian need not give security
Section 10—after "Public Trustee" insert:
and Guardian
16—Amendment of section 11—No action to be instituted after Public Trustee and Guardian has obtained administration
Section 11—after "Public Trustee" wherever occurring insert:
and Guardian
17—Amendment of section 12—Appointment as administrator until certain actions determined
Section 12—after "Public Trustee" wherever occurring insert:
and Guardian
18—Amendment of section 13—Administration of trust estate
Section 13(1)—after "Public Trustee" insert:
and Guardian
19—Amendment of section 14—Appointment as executor or trustee
Section 14—after "Public Trustee" wherever occurring insert:
and Guardian
20—Amendment of section 15—Appointment of Public Trustee and Guardian by executors, administrators or trustees
Section 15—after "Public Trustee" wherever occurring insert:
and Guardian
21—Amendment of section 16—Appointment by court as trustee of amount of judgment etc
Section 16—after "Public Trustee" wherever occurring insert:
and Guardian
22—Amendment of section 17—Custodian trustee
Section 17(1)—after "Public Trustee" insert:
and Guardian
23—Amendment of section 18—Power of attorney continues despite subsequent legal incapacity
Section 18—after "Public Trustee" wherever occurring insert:
and Guardian
24—Amendment of section 19—Payments to or from executors etc elsewhere in Australia or in New Zealand
Section 19—after "Public Trustee" wherever occurring insert:
and Guardian
25—Amendment of section 20—Public Trustee and Guardian must require delivery or transfer of property to which Public Trustee and Guardian is entitled
	(1)	Section 20—after "Public Trustee" wherever occurring insert:
and Guardian
	(2)	Section 20(4), penalty provision—delete the penalty provision and substitute:
Maximum penalty: $25 000 or imprisonment for 1 year.
26—Amendment of section 21—Court may summons administrator etc on application of Public Trustee and Guardian
Section 21—after "Public Trustee" wherever occurring insert:
and Guardian
27—Amendment of section 22—Result of disobedience to summons
Section 22(1)—after "Public Trustee" wherever occurring insert:
and Guardian
28—Amendment of section 23—Public Trustee and Guardian to give notice to beneficiary entitled to property
Section 23—after "Public Trustee" wherever occurring insert:
and Guardian
29—Amendment of section 24—Administration of Public Trustee and Guardian may be referred to Court
Section 24—after "Public Trustee" wherever occurring insert:
and Guardian
30—Amendment of section 25—Public Trustee and Guardian may make advances for purposes of administration
Section 25—after "Public Trustee" wherever occurring insert:
and Guardian
31—Amendment of section 26—Public Trustee and Guardian to keep accounts in respect of estates etc
	(1)	Section 26—after "Public Trustee" wherever occurring insert:
and Guardian
	(2)	Section 26(1)—delete "Public Trustee's" and substitute:
Public Trustee and Guardian's
32—Amendment of section 27—Investment of estate funds
Section 27—after "Public Trustee" insert:
and Guardian
33—Amendment of section 28—Money from several estates may be invested as one fund
Section 28—after "Public Trustee" wherever occurring insert:
and Guardian
34—Amendment of section 29—Common funds
	(1)	Section 29—after "Public Trustee" wherever occurring insert:
and Guardian
	(2)	Section 29(10)—delete "Public Trustee's" and substitute:
Public Trustee and Guardian's
35—Amendment of section 30—Accounts, audits and reports in respect of common funds
	(1)	Section 30—after "Public Trustee" wherever occurring insert:
and Guardian
	(2)	Section 30(3)—delete "Public Trustee's" and substitute:
Public Trustee and Guardian's
36—Amendment of section 31—Information for investors or prospective investors in common funds
	(1)	Section 31—after "Public Trustee" wherever occurring insert:
and Guardian
	(2)	Section 31—delete "Public Trustee's" wherever occurring and substitute in each case:
Public Trustee and Guardian's
37—Amendment of section 32—Public Trustee and Guardian's duties with respect to unclaimed money or land
Section 32—after "Public Trustee" wherever occurring insert:
and Guardian
38—Amendment of section 33—Provision for parties subsequently claiming to apply to Court etc
Section 33—after "Public Trustee" wherever occurring insert:
and Guardian
39—Amendment of section 34—Appointment as manager of unclaimed property
Section 34—after "Public Trustee" wherever occurring insert:
and Guardian
40—Amendment of section 35—Powers of Public Trustee and Guardian as manager
	(1)	Section 35—after "Public Trustee" wherever occurring insert:
and Guardian
	(2)	Section 35(1)(i)—delete "Public Trustee's" and substitute:
Public Trustee and Guardian's
41—Amendment of section 36—Public Trustee and Guardian to have discretion as to exercise of powers as manager
Section 36—after "Public Trustee" wherever occurring insert:
and Guardian
42—Amendment of section 37—Public Trustee and Guardian may apply to Court for directions
Section 37(1)—after "Public Trustee" insert:
and Guardian
43—Amendment of section 38—Money to be invested in common fund
Section 38—after "Public Trustee" insert:
and Guardian
44—Amendment of section 39—Remuneration and expenses of Public Trustee and Guardian
Section 39—after "Public Trustee" wherever occurring insert:
and Guardian
45—Amendment of section 40—Property managed by Public Trustee and Guardian to be held for owner
Section 40—after "Public Trustee" wherever occurring insert:
and Guardian
46—Amendment of section 41—Termination of management
	(1)	Section 41—after "Public Trustee" wherever occurring insert:
and Guardian
	(2)	Section 41—delete "Public Trustee's" wherever occurring and substitute in each case:
Public Trustee and Guardian's
47—Amendment of section 42—Transfer of unclaimed property to Crown
Section 42—after "Public Trustee" wherever occurring insert:
and Guardian
48—Amendment of section 43—Expenditure of money on land
	(1)	Section 43—after "Public Trustee" wherever occurring insert:
and Guardian
	(2)	Section 43(1)(a)—delete "Public Trustee's" and substitute:
Public Trustee and Guardian's
49—Amendment of section 44—Fee for administering perpetual trust
	(1)	Section 44—after "Public Trustee" wherever occurring insert:
and Guardian
	(2)	Section 44(1)—delete "Public Trustee's" and substitute:
Public Trustee and Guardian's
50—Amendment of section 45—General provision relating to Public Trustee and Guardian's charges
Section 45—after "Public Trustee" wherever occurring insert:
and Guardian
51—Amendment of section 45A—Recovery of GST
Section 45A(1)—after "Public Trustee" wherever occurring insert:
and Guardian
52—Amendment of section 46—ADI accounts, investment and overdraft
	(1)	Section 46—after "Public Trustee" wherever occurring insert:
and Guardian
	(2)	Section 46(2)(b)—delete "Public Trustee's" and substitute:
Public Trustee and Guardian's
53—Amendment of section 47—Tax and other liabilities of Public Trustee and Guardian
Section 47—after "Public Trustee" wherever occurring insert:
and Guardian
54—Amendment of section 48—Dividends
Section 48—after "Public Trustee" wherever occurring insert:
and Guardian
55—Amendment of section 49—Responsibility of Government for acts of Public Trustee and Guardian
	(1)	Section 49(1)—after "Public Trustee" insert:
and Guardian
	(2)	Section 49(2)—delete "Public Trustee's" and substitute:
Public Trustee and Guardian's
56—Amendment of section 50—Accounts and external audit
	(1)	Section 50—after "Public Trustee" wherever occurring insert:
and Guardian
	(2)	Section 50(1)—delete "Public Trustee's" and substitute:
Public Trustee and Guardian's
57—Amendment of section 51—Annual reports
	(1)	Section 51—after "Public Trustee" wherever occurring insert:
and Guardian
	(2)	Section 51(1)—delete "Public Trustee's" and substitute:
Public Trustee and Guardian's
	(3)	Section 51(2)—after paragraph (a) insert:
	(ab)	include prescribed particulars of all applications made by the Public Trustee and Guardian for the issue of a warrant under the Guardianship and Administration Act 1993 during the year; and
58—Amendment of section 52—Certain documents may be deposited with Public Trustee and Guardian for safe keeping
Section 52—after "Public Trustee" wherever occurring insert:
and Guardian
59—Amendment of section 53—Certificate by Public Trustee and Guardian of appointment to act
Section 53—after "Public Trustee" wherever occurring insert:
and Guardian
60—Amendment of section 54—Indemnity to persons having dealings with Public Trustee and Guardian
Section 54—after "Public Trustee" wherever occurring insert:
and Guardian
61—Substitution of section 55
Section 55—delete the section and substitute:
55—Regulations and fee notices
	(1)	The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
	(2)	Without limiting the generality of subsection (1), the regulations may—
	(a)	exempt a person, or a class of persons, from the application of this Act or a specified provision or provisions of this Act; and
	(b)	provide for the payment, recovery or waiver of fees prescribed by fee notice; and
	(c)	provide for fines, not exceeding $10 000, for offences against the regulations; and
	(d)	provide for expiation fees, not exceeding $315, for offences against the regulations; and
	(e)	provide for the facilitation of proof of the commission of offences against the regulations.
	(3)	The regulations may—
	(a)	be of general or limited application; and
	(b)	make different provision according to the matters or circumstances to which they are expressed to apply; and
	(c)	make provisions of a saving or transitional nature; and
	(d)	provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or a specified person or body; and
	(e)	apply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or a specified person or body.
	(4)	If a code, standard or other document is referred to or incorporated in the regulations—
	(a)	a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and
	(b)	evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.
	(5)	The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.
	(6)	A provision made by a regulation under subsection (3)(c) may, if the regulations so provide, take effect from the commencement of the amendment or from a later day.
	(7)	To the extent to which a provision takes effect under subsection (6) from a day earlier than the day of the publication of the regulation in the Gazette, the provision does not operate to the disadvantage of a person by—
	(a)	decreasing the person's rights; or
	(b)	imposing liabilities on the person.

Schedule 1—Related amendments and transitional provisions etc
Part 1—Amendment of Administration and Probate Act 1919
1—Amendment of section 4—Interpretation
	(1)	Section 4, definition of estate—after "Public Trustee" insert:
and Guardian
	(2)	Section 4, definition of Public Trustee—delete the definition and substitute:
Public Trustee and Guardian has the same meaning as in the Public Trustee and Guardian Act 1995;
2—Amendment of section 34—Administration may be granted to duly authorised attorney
Section 34—after "Public Trustee" wherever occurring insert:
and Guardian
3—Amendment of section 37—If executor or administrator out of jurisdiction, special administrator may be appointed
Section 37—after "Public Trustee" insert:
and Guardian
4—Amendment of section 38—Special administrator to make certain affidavits
Section 38—after "Public Trustee" insert:
and Guardian
5—Amendment of section 43—Protection to persons acting in reliance on probate or administration
Section 43(4), definition of administration—delete the definition and substitute:
administration includes an order under section 9 of the Public Trustee and Guardian Act 1995 authorising the Public Trustee and Guardian to administer the estate of a deceased person.
6—Amendment of section 45—Vesting of intestate estates until administration
Section 45—after "Public Trustee" insert:
and Guardian
7—Amendment of section 56—Statement and account to be delivered
Section 56(1)—after "Public Trustee" wherever occurring insert:
and Guardian
8—Amendment of section 56A—Court may order delivery of statement and account
Section 56A—after "Public Trustee" wherever occurring insert:
and Guardian
9—Amendment of section 58—Proceedings to compel account
Section 58—after "Public Trustee" wherever occurring insert:
and Guardian
10—Amendment of section 61—Rules in insolvency administration to prevail in certain cases
	(1)	Section 61(1)—after "Public Trustee" insert:
and Guardian
	(2)	Section 61(1)—delete "Public Trustee Act 1995" and substitute:
Public Trustee and Guardian Act 1995
11—Amendment of section 62—Estate how administered
	(1)	Section 62—delete "Public Trustee Act 1995" and substitute:
Public Trustee and Guardian Act 1995
	(2)	Section 62—after "Public Trustee" insert:
and Guardian
12—Amendment of section 64—Court may give permission to postpone realisation or carry on business
Section 64(1)—after "Public Trustee" insert:
and Guardian
13—Amendment of section 65—Administrator to pay over money and deliver property to Public Trustee and Guardian
Section 65—after "Public Trustee" wherever occurring insert:
and Guardian
14—Amendment of section 66—Effect of delivery etc to Public Trustee and Guardian
Section 66—after "Public Trustee" insert:
and Guardian
15—Amendment of section 67—Judge may dispense wholly or partially with compliance with section 65
Section 67(6)—after "Public Trustee" insert:
and Guardian
16—Amendment of section 69—Public Trustee and Guardian and other persons may obtain judicial advice or direction
Section 69—after "Public Trustee" wherever occurring insert:
and Guardian
17—Amendment of section 72L—Election by spouse or domestic partner to take dwellinghouse
Section 72L(3)(b)—after "Public Trustee" insert:
and Guardian
18—Amendment of section 121A—Statement of assets and liabilities to be provided with application for probate or administration
Section 121A(8), definition of administration—delete the definition and substitute:
administration includes an order under section 9 of the Public Trustee and Guardian Act 1995 authorising the Public Trustee and Guardian to administer the estate of a deceased person.
19—Amendment of section 128—Power of Public Trustee and Guardian to move for attachment of an administrator
Section 128—after "Public Trustee" wherever occurring insert:
and Guardian
Part 2—Amendment of Advance Care Directives Act 2013
20—Amendment of section 3—Interpretation
Section 3(1), definition of Public Advocate—delete the definition and substitute:
Public Trustee and Guardian means the person holding or acting in the office of Public Trustee and Guardian under the Public Trustee and Guardian Act 1995;
21—Amendment of section 43—Interpretation
Section 43, definition of eligible person, (d)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
22—Amendment of heading to Part 7 Division 2
Heading to Part 7 Division 2—delete "Public Advocate" and substitute:
Public Trustee and Guardian
23—Amendment of section 45—Resolution of disputes by Public Trustee and Guardian
	(1)	Section 45—delete "Public Advocate" wherever occurring and substitute in each case:
Public Trustee and Guardian
	(2)	Section 45(9)—delete "Public Advocate's" and substitute:
Public Trustee and Guardian's
24—Amendment of section 46—Public Trustee and Guardian may refer matter to Tribunal
Section 46(1)—delete "Public Advocate" wherever occurring and substitute in each case:
Public Trustee and Guardian
25—Amendment of section 46A—Public Trustee and Guardian may refer question of law to Supreme Court
Section 46A—delete "Public Advocate" and substitute:
Public Trustee and Guardian
26—Amendment of section 48—Resolution of disputes by Tribunal
Section 48—delete "Public Advocate" wherever occurring and substitute in each case:
Public Trustee and Guardian
27—Amendment of section 49—Tribunal may refer matter to Public Trustee and Guardian
Section 49(1)—delete "Public Advocate" wherever occurring and substitute in each case:
Public Trustee and Guardian
28—Amendment of section 51—Orders of Tribunal in relation to substitute decision‑makers
Section 51(2)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
29—Amendment of section 53—Reviews and appeals
Section 53(b)(iii)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
30—Amendment of section 54—Tribunal must give notice of proceedings
Section 54(1)(c)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
31—Amendment of section 54B—Representation of person who is subject of proceedings
Section 54B(1)(a)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
Part 3—Amendment of Aged and Infirm Persons' Property Act 1940
32—Amendment of section 8—Application for protection order
Section 8(1)(d)—after "Public Trustee" insert:
and Guardian
33—Amendment of section 8A—Protection order on court's own initiative
Section 8A(4)(d)—after "Public Trustee" insert:
and Guardian
34—Amendment of section 10—Appointment of manager
Section 10—after "Public Trustee" wherever occurring insert:
and Guardian
35—Amendment of section 19—Filing of statement
Section 19—after "Public Trustee" wherever occurring insert:
and Guardian
36—Amendment of section 20—Percentage of moneys collected payable to Public Trustee and Guardian
Section 20—after "Public Trustee" wherever occurring insert:
and Guardian
37—Amendment of section 22—Proceedings
Section 22—after "Public Trustee" wherever occurring insert:
and Guardian
38—Amendment of section 24—Application to court by Public Trustee and Guardian
Section 24(1)—after "Public Trustee" wherever occurring insert:
and Guardian
39—Amendment of section 31—Expenses and remuneration of manager
Section 31(2)—after "Public Trustee" wherever occurring insert:
and Guardian
40—Amendment of section 32—Change of managers
Section 32(1)—after "Public Trustee" insert:
and Guardian
41—Amendment of section 32A—Provision for Public Trustee and Guardian to manage estates of persons in other parts of the world
Section 32A—after "Public Trustee" wherever occurring insert:
and Guardian
Part 4—Amendment of Burial and Cremation Act 2013
42—Amendment of section 56—Power of Public Trustee and Guardian to act on behalf of holder of interment right etc
Section 56—after "Public Trustee" wherever occurring insert:
and Guardian
Part 5—Amendment of Children and Young People (Safety) Act 2017
43—Amendment of section 161—Payment of money to Chief Executive on behalf of child or young person
Section 161—after "Public Trustee" wherever occurring insert:
and Guardian
Part 6—Amendment of Consent to Medical Treatment and Palliative Care Act 1995
44—Amendment of section 4—Interpretation
Section 4(1), definition of Public Advocate—delete the definition and substitute:
Public Trustee and Guardian means the person holding or acting in the office of Public Trustee and Guardian under the Public Trustee and Guardian Act 1995;
45—Amendment of section 18A—Interpretation
Section 18A, definition of eligible person, (d)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
46—Amendment of heading to Part 3A Division 2
Heading to Part 3A Division 2—delete "Public Advocate" and substitute:
Public Trustee and Guardian
47—Amendment of section 18C—Resolution of disputes by Public Trustee and Guardian
Section 18C—delete "Public Advocate" wherever occurring and substitute in each case:
Public Trustee and Guardian
48—Amendment of section 18D—Public Trustee and Guardian may refer matter to Tribunal
Section 18D(1)—delete "Public Advocate" wherever occurring and substitute in each case:
Public Trustee and Guardian
49—Amendment of section 18DA—Public Trustee and Guardian may refer question of law to Supreme Court
Section 18DA—delete "Public Advocate" and substitute:
Public Trustee and Guardian
50—Amendment of section 18E—Resolution of disputes by Tribunal
Section 18E—delete "Public Advocate" wherever occurring and substitute in each case:
Public Trustee and Guardian
51—Amendment of section 18F—Tribunal may refer matter to Public Trustee and Guardian
Section 18F(1)—delete "Public Advocate" wherever occurring and substitute in each case:
Public Trustee and Guardian
52—Amendment of section 18H—Reviews and appeals
Section 18H(b)(iii)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
53—Amendment of section 18I—Tribunal must give notice of proceedings
Section 18I(1)(c)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
54—Amendment of section 18K—Representation of person who is subject of proceedings
Section 18K(1)(a)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
Part 7—Amendment of Criminal Law Consolidation Act 1935
55—Amendment of section 269ND—Variation or revocation of condition of Division 3A order
Section 269ND—delete "Public Advocate" and substitute:
Public Trustee and Guardian
56—Amendment of section 269P—Variation or revocation of supervision order
Section 269P(1)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
57—Amendment of section 269UC—Variation or revocation of continuing supervision order
Section 269UC(1)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
Part 8—Amendment of Fisheries Management Act 2007
58—Amendment of section 57—Transfer of licence or permit
Section 57(9), definition of personal representative, (b)—after "Public Trustee" insert:
and Guardian
Part 9—Amendment of Freedom of Information Act 1991
59—Amendment of Schedule 2—Exempt agencies
Schedule 2, paragraph (m)—after "Public Trustee" insert:
and Guardian
Part 10—Amendment of Guardianship and Administration Act 1993
60—Amendment of section 3—Interpretation
Section 3(1), definition of the Public Advocate—delete the definition and substitute:
Public Trustee and Guardian means the person holding or acting in the office of Public Trustee and Guardian under the Public Trustee and Guardian Act 1995;
61—Amendment of section 5—Principles to be observed
Section 5—delete "Public Advocate" and substitute:
Public Trustee and Guardian
62—Repeal of Part 2
Part 2—delete the Part
63—Amendment of section 28—Investigations by Public Trustee and Guardian
Section 28—delete "Public Advocate" wherever occurring and substitute in each case:
Public Trustee and Guardian
64—Amendment of section 29—Guardianship orders
Section 29—delete "Public Advocate" wherever occurring and substitute in each case:
Public Trustee and Guardian
65—Amendment of section 33—Applications under this Division
Section 33—delete "Public Advocate" wherever occurring and substitute in each case:
Public Trustee and Guardian
66—Amendment of section 35—Administration orders
Section 35—after "Public Trustee" wherever occurring insert:
and Guardian
67—Amendment of section 37—Applications under this Division
	(1)	Section 37(1)(b)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
	(2)	Section 37(1a)(b)—after "Public Trustee" insert:
and Guardian
68—Amendment of section 38—Copy of order must be forwarded to Public Trustee and Guardian
Section 38—after "Public Trustee" insert:
and Guardian
69—Amendment of section 44—Reporting requirements for private administrators
	(1)	Section 44—after "Public Trustee" wherever occurring insert:
and Guardian
	(2)	Section 44(7)(c)—delete "Public Trustee's" and substitute:
Public Trustee and Guardian's
70—Amendment of section 45—Reporting by Public Trustee and Guardian
Section 45—after "Public Trustee" wherever occurring insert:
and Guardian
71—Amendment of section 46—Remuneration of professional administrators
	(1)	Section 46(3)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
	(2)	Section 46(4)—after "Public Trustee" insert:
and Guardian
72—Amendment of section 48—Reciprocal administration powers with certain states
Section 48(2)—after "Public Trustee" wherever occurring insert:
and Guardian
73—Amendment of section 51—Consent to appointment
Section 51—delete "Public Advocate or the Public Trustee" and substitute:
Public Trustee and Guardian
74—Amendment of section 64—Reviews and appeals
Section 64(b)(iii)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
75—Amendment of section 66—Tribunal must give notice of proceedings
Section 66(1)(c)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
76—Amendment of section 68—Representation of person who is subject of proceedings
Section 68(1)(a)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
77—Amendment of section 69—Tribunal may require reports
Section 69(2)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
Part 11—Amendment of Inheritance (Family Provision) Act 1972
78—Amendment of section 16—Public Trustee and Guardian deemed to be administrator where order has been made authorising him to administer estate
Section 16—after "Public Trustee" wherever occurring insert:
and Guardian
Part 12—Amendment of Law of Property Act 1936
79—Amendment of section 7—Interpretation
Section 7, definition of representative—after "Public Trustee" insert:
and Guardian
80—Amendment of section 114—Power of Court to sell interest of Crown in real estate
Section 114(2)—after "Public Trustee" insert:
and Guardian
81—Amendment of section 115—Power to waive right of Crown in certain cases
Section 115(1)—after "Public Trustee" insert:
and Guardian
Part 13—Amendment of Mental Health Act 2009
82—Amendment of section 3—Interpretation
Section 3(1), definition of Public Advocate—delete the definition and substitute:
Public Trustee and Guardian means the person holding or acting in the office of Public Trustee and Guardian under the Public Trustee and Guardian Act 1995;
83—Amendment of section 16—Level 2 community treatment orders
Section 16—delete "Public Advocate" wherever occurring and substitute in each case:
Public Trustee and Guardian
84—Amendment of section 29—Level 3 inpatient treatment orders
Section 29—delete "Public Advocate" wherever occurring and substitute in each case:
Public Trustee and Guardian
85—Amendment of section 48—Patients' right to communicate with others outside treatment centre
Section 48(3)(c)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
86—Amendment of section 81—Reviews of orders (other than Tribunal orders)
Section 81(1)(b)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
87—Amendment of section 83—Review of directions for transfer of patients to interstate treatment centres
Section 83(1)(b)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
88—Amendment of section 83A—Reviews and appeals
Section 83A(b)(iii)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
89—Amendment of section 84—Representation on reviews or appeals
Section 84(4)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
90—Amendment of section 85—Tribunal must give notice of proceedings
Section 85(1)(c)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
91—Amendment of section 85B—Representation of person who is subject of proceedings
Section 85B(1)(a)—delete "Public Advocate" and substitute:
Public Trustee and Guardian
Part 14—Amendment of Problem Gambling Family Protection Orders Act 2004
92—Amendment of section 7—Complaints
Section 7(3)(c)—delete paragraph (c) and substitute:
	(c)	the person holding or acting in the office of Public Trustee and Guardian under the Public Trustee and Guardian Act 1995; or
93—Amendment of section 8—Complaints or applications by or on behalf of child
Section 8(b)(iv)—delete subparagraph (iv) and substitute:
	(iv)	the person holding or acting in the office of Public Trustee and Guardian under the Public Trustee and Guardian Act 1995; or
Part 15—Amendment of Real Property Act 1886
94—Amendment of section 135A—Mode of payment of encumbrance
Section 135A(1)—after "Public Trustee" insert:
and Guardian
95—Amendment of section 175—Transmission of estate of deceased persons
Section 175—after "Public Trustee" wherever occurring insert:
and Guardian
96—Amendment of section 176—Application to be made in such case
Section 176—after "Public Trustee" wherever occurring insert:
and Guardian
97—Amendment of section 178—Effect of such entry
Section 178—after "Public Trustee" insert:
and Guardian
98—Amendment of section 181—Proceedings when executor etc refuse to transfer
Section 181—after "Public Trustee" wherever occurring insert:
and Guardian
Part 16—Amendment of Stamp Duties Act 1923
99—Amendment of Schedule 2—Stamp duties and exemptions
Schedule 2, clause 16, item 25—after "Public Trustee" insert:
and Guardian
Part 17—Amendment of Trustee Act 1936
100—Amendment to section 4—Interpretation
Section 4(1), definition of representative—after "Public Trustee" insert:
and Guardian
101—Amendment of section 14—Power of appointing new trustees
Section 14(2)(c)—after "Public Trustee" wherever occurring insert:
and Guardian
102—Amendment of section 14A—Appointment of separate trustees
Section 14A(3)—after "Public Trustee" wherever occurring insert:
and Guardian
103—Amendment of section 49—Power for Court to authorise purchase of trust property by trustee
Section 49(1)(b)—after "Public Trustee" insert:
and Guardian
104—Amendment of section 84B—Records to be kept by trustee
Section 84B(2)—after "Public Trustee" wherever occurring insert:
and Guardian
Part 18—Amendment of Wills Act 1936
105—Amendment of section 6—Will of minor pursuant to leave of Court
Section 6(4)(a)—after "Public Trustee" insert:
or Guardian
106—Amendment of section 7—Will of person lacking testamentary capacity pursuant to permission of court
Section 7(7)(c)—delete paragraph (c) and substitute:
	(c)	the person holding or acting in the office of Public Trustee and Guardian under the Public Trustee and Guardian Act 1995;
Part 19—Transitional provisions etc
107—Appointments
An appointment of the Public Advocate to act in any capacity (whether under the Guardianship and Administration Act 1993 or any other Act or law) in force immediately before the commencement of this clause will be taken to be an appointment of the Public Trustee and Guardian from the commencement of this clause and will continue in accordance with its terms.
108—Assets, rights and liabilities
Subject to this Part, all assets, rights and liabilities of the Public Advocate transfer to the Public Trustee and Guardian on the commencement of this clause.
109—References
	(1)	Unless the context otherwise requires, a reference in any Act, statutory instrument, will, order, direction, or other document or instrument to the Public Advocate will be taken to be a reference to the Public Trustee and Guardian.
	(2)	Unless the context otherwise requires, a reference in any Act, statutory instrument, will, order, direction or other document or instrument to the Public Trustee will be taken to be a reference to the Public Trustee and Guardian.
110—Processes and proceedings
	(1)	Any process or proceedings commenced by the Public Advocate, or to which the Public Advocate is a party, may be continued and completed by the Public Trustee and Guardian.
	(2)	Without limiting subclause (1), the Public Trustee and Guardian may, in relation to such processes or proceedings, adopt any findings, determinations, report or recommendations of the Public Advocate that may be relevant to the continuation or completion of any process or proceeding by the Public Trustee and Guardian.
111—Causes of action
	(1)	A right to take legal action against the Public Advocate in relation to a matter in existence (but not yet exercised) before the commencement of this clause, may be exercised as if this Act had been in operation before the right arose, so that relevant proceedings may be commenced instead against the Public Trustee and Guardian.
	(2)	A right of the Public Advocate to take legal action in relation to a matter in existence (but not yet exercised) before the commencement of this clause, may be exercised as if this Act had been in operation before the right arose, so that relevant proceedings may be commenced instead by the Public Trustee and Guardian.
112—Committees
A committee established by the Public Advocate under section 21(3) of the Guardianship and Administration Act 1993 in existence immediately before the commencement of this clause continues in existence and will be taken to be a committee established under section 5(5) of the Public Trustee and Guardian Act 1995.
113—Reports
If—
	(a)	the Public Advocate has requested that the Attorney‑General cause a report to be laid before both Houses of Parliament under section 22(2) of the Guardianship and Administration Act 1993; and
	(b)	the report has not been laid before both Houses of Parliament before the commencement of this clause,
the request will be taken to have been a request from the Public Trustee and Guardian under section 6A(2) of the Public Trustee and Guardian Act 1995.
114—Delegations
A delegation of the Public Advocate under section 23 of the Guardianship and Administration Act 1993 in force immediately before the commencement of this clause continues in force and will be taken to be a delegation of the Public Trustee and Guardian under section 8 of the Public Trustee and Guardian Act 1995.
115—Common funds
A common fund under Part 5 of the Public Trustee Act 1995 in force immediately before the commencement of this clause continues in accordance with its terms.
116—Common seal
A document apparently bearing the common seal of the Public Trustee will be presumed, in the absence of proof to the contrary, to have been duly executed by the Public Trustee and Guardian.
117—Information and documents
Despite any provision of the Guardianship and Administration Act 1993, or any other Act or law, information and documents held by, or in the possession of, the Public Advocate may be transferred to the Public Trustee and Guardian.

HA GP 177-B OPC 177