South Australian Consolidated Acts

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TRUSTEE COMPANIES ACT 1988 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"appointment" includes nomination;

"Commonwealth Act" means the Corporations Act 2001 of the Commonwealth;

"the Court" means the Supreme Court of South Australia;

"estate", in relation to a trustee company, includes any real or personal property committed to the administration or management of the trustee company whether as executor, administrator or in any other capacity authorised by this Act, but does not include money deposited with the trustee company for the purpose only of investment in a common fund;

"letters of administration" means letters of administration of the estate of a deceased person, with or without the will annexed;

"officer", of a trustee company, means a director or manager of the company or some other officer or employee of the company designated by the board of directors as an officer for the purposes of this Act;

"the Registrar" means the Registrar of Probates and includes an acting or deputy Registrar of Probates;

"trustee" includes a bare trustee or custodian trustee;

"trustee company" means a licensed trustee company within the meaning of Chapter 5D of the Commonwealth Act;

"trustee investment" means an investment in which a trustee is authorised by law to invest trust funds;

"will" includes codicil.

        (2)         Where an unincorporated body is named in an instrument establishing a trust, the persons for the time being comprising the body will be taken to have been individually named in the instrument.

        (3)         Subsection (2) applies for the purposes of this Act but not for the purposes of interpreting the trust instrument.



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