South Australian Consolidated Acts South Australian Consolidated ActsNotes
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Legislation repealed by principal
Act
The Trustee Companies Act 1988 repealed the
following:
ANZ Executors & Trustee Company (South Australia) Limited Act
1985
Bagot's Executor Company Act 1910
Elder's Executor Company's Act 1910
Executors Company's Act 1885
Farmers' Co-operative Executors Act 1919
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1988 |
102 |
15.12.1988 |
20.4.1989 (Gazette 20.4.1989 p1080) |
|
|
1990 |
73 |
Trustee Companies Act Amendment Act 1990 |
20.12.1990 |
31.10.1991 (Gazette 31.10.1991 p1198) |
|
1993 |
92 |
Statutes Amendment (Attorney-General's Portfolio No. 2)
Act 1993 |
4.11.1993 |
4.11.1993 |
|
1996 |
78 |
ANZ Executors & Trustee Company (South Australia) Limited (Transfer
of Business) Act 1996 |
28.11.1996 |
1.1.1997 (Gazette 19.12.1996 p1918) |
|
1999 |
56 |
Statutes Amendment (Trusts) Act 1999 |
12.8.1999 |
Pt 3 (ss 8—14) & Sch—18.10.1999 (Gazette
30.9.1999 p1341) |
|
2000 |
23 |
Statutes Amendment (Public Trustee and Trustee Companies—GST)
Act 2000 |
8.6.2000 |
8.6.2000 |
|
2001 |
23 |
Statutes Amendment (Corporations) Act 2001 |
14.6.2001 |
Pt 32 (ss 119—121)—15.7.2001 being the day on which
the Corporations Act 2001 of the Commonwealth came into operation:
Commonwealth of Australia Gazette No. S 285, 13 July 2001 (Gazette
21.6.2001 p2270) |
|
2002 |
33 |
Statutes Amendment (Attorney-General's Portfolio)
Act 2002 |
28.11.2002 |
Pt 12 (s 20)—3.3.2003 (Gazette 27.2.2003
p807) |
|
2005 |
36 |
Trustee Companies (Elders Trustees Limited) Amendment Act
2005 |
14.7.2005 |
15.8.2005 (Gazette 11.8.2005 p3012) |
|
2006 |
44 |
Statutes Amendment (Justice Portfolio) Act 2006 |
14.12.2006 |
Pt 31 (s 67)—18.1.2007 (Gazette 18.1.2007 p234) |
|
2010 |
12 |
Trustee Companies (Commonwealth Regulation) Amendment Act
2010 |
5.8.2010 |
Pt 2 (ss 4—17) & Sch 1
(cll 8 & 9)—20.12.2010 (Gazette 9.12.2010
p5580) |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended by 12/2010 s 4(1), (2) |
20.12.2010 |
|
Pt 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
15.8.2005 |
|
s 3 |
|
|
|
s 3(1) |
s 3 redesignated as s 3(1) by 56/1999 s 8(b) |
18.10.1999 |
|
inserted by 12/2010 s 5(1) |
20.12.2010 |
|
|
business day |
deleted by 12/2010 s 5(1) |
20.12.2010 |
|
common fund |
deleted by 12/2010 s 5(1) |
20.12.2010 |
|
Commonwealth Act |
inserted by 12/2010 s 5(1) |
20.12.2010 |
|
investor |
deleted by 12/2010 s 5(2) |
20.12.2010 |
|
person who has a proper interest or person with a proper
interest |
inserted by 56/1999 s 8(a) |
18.10.1999 |
|
|
deleted by 12/2010 s 5(3) |
20.12.2010 |
|
substituted by 12/2010 s 5(4) |
20.12.2010 |
|
|
s 3(2) and (3) |
inserted by 56/1999 s 8(b) |
18.10.1999 |
|
Pt 2 |
|
|
|
s 9 |
deleted by 12/2010 s 6 |
20.12.2010 |
|
s 10 before deletion by 12/2010 |
|
|
|
s 10(1) |
amended by 56/1999 s 9(a) |
18.10.1999 |
|
s 10(2) |
amended by 56/1999 s 9(b) |
18.10.1999 |
|
s 10(2a) |
inserted by 56/1999 s 9(c) |
18.10.1999 |
|
s 10(4)—(6) |
inserted by 56/1999 s 9(d) |
18.10.1999 |
|
ss 10—12 |
deleted by 12/2010 s 6 |
20.12.2010 |
|
s 13 |
amended by 12/2010 s 7 |
20.12.2010 |
|
s 15 before deletion by 12/2010 |
|
|
|
s 15(2) |
substituted by 56/1999 s 10(a) |
18.10.1999 |
|
s 15(3a) |
inserted by 56/1999 s 10(b) |
18.10.1999 |
|
s 15 |
deleted by 12/2010 s 8 |
20.12.2010 |
|
ss 15A and 15B |
inserted by 56/1999 s 11 |
18.10.1999 |
|
|
deleted by 12/2010 s 8 |
20.12.2010 |
|
s 16 |
amended by 23/2001 s 119 |
15.7.2001 |
|
|
amended by 12/2010 s 9 |
20.12.2010 |
|
s 16A |
inserted by 23/2000 s 4 |
8.6.2000 |
|
|
deleted by 12/2010 s 10 |
20.12.2010 |
|
Pt 3 |
|
|
|
s 17 before deletion by 12/2010 |
|
|
|
s 17(1) |
amended by 56/1999 s 14 (Sch) |
18.10.1999 |
|
s 17 |
deleted by 12/2010 s 11 |
20.12.2010 |
|
s 18 before deletion by 12/2010 s 11 |
|
|
|
s 18(2) and (4) |
amended by 56/1999 s 14 (Sch) |
18.10.1999 |
|
s 18 |
deleted by 12/2010 s 11 |
20.12.2010 |
|
s 19 before deletion by 12/2010 |
|
|
|
s 19(1) |
amended by 56/1999 s 14 (Sch) |
18.10.1999 |
|
s 19(2) |
amended by 56/1999 s 14 (Sch) |
18.10.1999 |
|
|
amended by 23/2001 s 120(a) |
15.7.2001 |
|
s 19(2a) |
inserted by 56/1999 s 12(a) |
18.10.1999 |
|
s 19(3) |
amended by 56/1999 s 12(b) |
18.10.1999 |
|
s 19(4) |
|
|
|
financial year |
amended by 23/2001 s 120(b) |
15.7.2001 |
|
registered company auditor |
substituted by 23/2001 s 120(c) |
15.7.2001 |
|
s 19 |
deleted by 12/2010 s 11 |
20.12.2010 |
|
s 20 before deletion by 12/2010 s 11 |
|
|
|
s 20(1) |
amended by 56/1999 s 14 (Sch) |
18.10.1999 |
|
s 20(3) |
amended by 23/2001 s 121 |
15.7.2001 |
|
s 20 |
deleted by 12/2010 s 11 |
20.12.2010 |
|
s 21 before deletion by 12/2010 |
|
|
|
s 21(1) |
amended by 56/1999 s 14 (Sch) |
18.10.1999 |
|
ss 21 and 22 |
deleted by 12/2010 s 11 |
20.12.2010 |
|
Pt 3A |
inserted by 12/2010 s 12 |
20.12.2010 |
|
Pt 4 |
|
|
|
s 26 |
amended by 56/1999 s 14( Sch) |
18.10.1999 |
|
s 27 |
deleted by 12/2010 s 13 |
20.12.2010 |
|
s 30 |
deleted by 12/2010 s 14 |
20.12.2010 |
|
s 31 |
|
|
|
s 31(2) |
amended by 56/1999 s 14 (Sch) |
18.10.1999 |
|
|
substituted by 12/2010 s 15 |
20.12.2010 |
|
s 31(3) and (4) |
inserted by 12/2010 s 15 |
20.12.2010 |
|
Sch 1 |
amended by 73/1990 s 3 |
31.10.1991 |
|
|
amended by 92/1993 s 5 |
4.11.1993 |
|
|
amended by 78/1996 Sch |
1.1.1997 |
|
|
amended by 56/1999 s 13 |
18.10.1999 |
|
|
amended by 33/2002 s 20 |
3.3.2003 |
|
|
amended by 36/2005 s 4 |
15.8.2005 |
|
|
amended by 44/2006 s 67(1)—(4) |
18.1.2007 |
|
|
deleted by 12/2010 s 16 |
20.12.2010 |
|
Sch 2 |
deleted by 12/2010 s 17 |
20.12.2010 |
Transitional etc provisions associated with Act or
amendments
Trustee Companies (Commonwealth Regulation) Amendment
Act 2010, Sch 1 Pt 5
8—Interpretation
In this Part—
appointment includes nomination;
Commonwealth Act means the Corporations Act 2001
of the Commonwealth;
principal Act means the Trustee Companies
Act 1988;
Schedule 1 trustee company means a company listed in
Schedule 1 of the principal Act immediately before the repeal of that
Schedule by Part 2 of this Act.
9—Transitional provision
(1) The repeal of Schedule 1 of the principal Act by Part 2 of
this Act does not affect the appointment of a Schedule 1 trustee company
made before the repeal as—
(a) the executor of a will, or the administrator of an estate of a
deceased person; or
(b) a trustee, agent, attorney, manager or receiver; or
(c) the guardian of a child; or
(d) the administrator, committee, guardian or manager of the estate of a
person who is unable to manage his or her own affairs.
(2) Except to the extent of any inconsistency with the Commonwealth
Act—
(a) any duties, obligations, immunities, rights and privileges of a
Schedule 1 trustee company arising before the repeal of that Schedule are
not affected by the repeal; and
(b) the assets and liabilities of a Schedule 1 trustee company are
not affected by the repeal; and
(c) any action taken or notice given by a Schedule 1 trustee company
before the repeal of that Schedule or the amendment of the principal Act by this
Act is not affected by the repeal or amendment; and
(d) the principal Act (as amended by this Act) continues to apply to a
Schedule 1 trustee company.
(3) Proceedings relating to a Schedule 1 trustee company that have
been commenced but not determined before the repeal of that Schedule are not
affected by the repeal.
Historical versions
|
Reprint No 1—15.1.1992 |
|
|
Reprint No 2—4.11.1993 |
|
|
Reprint No 3—1.1.1997 |
|
|
Reprint No 4—18.10.1999 |
|
|
Reprint No 5—8.6.2000 |
|
|
Reprint No 6—15.7.2001 |
|
|
Reprint No 7—3.3.2003 |
|
|
15.8.2005 |
|
|
18.1.2007 |
|