Queensland Consolidated Acts Queensland Consolidated Acts(1) The exercise by a trustee of any power under this Act shall--
(a) to the extent and in the manner to and in which it is expressed or intended to operate and can operate under this Act; and
(b) subject to the requirements of any other Act;
be effectual to dispose of any property thereby intended to be disposed of and to discharge the property from--
(c) any limitations, restrictions, powers and provisions; and
(d) any estates, interests or charges;
to which the property, by reason of its character as such trust property, is or might otherwise become subject.
(2) Nothing in this section affects--
(a) any estate, interest or charge to which the property has or may become subject otherwise than by reason of its character as such trust property;
(b) any estate, interest, charge, or right in or in respect of the property granted or created--
(i) before the date of the disposition referred to in subsection (1); and
(ii) by a person referred to in section 6 or by any predecessor in title of such person.
(3) The exercise by a trustee of any power under this Act or of any like power conferred by the trust instrument--
(a) shall not occasion any forfeiture;
(b) shall not, except as provided by this Act, be capable of being restrained, prohibited, prevented or impaired by any provision of or limitation in, any contract, covenant, settlement, will, assurance or other instrument.
(4) In this section--
dispose of shall include any sale, exchange, partition, lease, mortgage, transfer or charge and the creation or grant of any right in or in respect of property.