Western Australian Consolidated Acts

ANGLICAN CHURCH OF AUSTRALIA (DIOCESAN TRUSTEES) ACT 1888 - SECT 3BA

3BA .         Fees and commissions chargeable by Trustees

        (1)         In addition to all moneys properly expended by the Trustees and chargeable against trusts administered by them, the Trustees may, subject to subsection (2), from time to time charge fees and commissions — 

            (a)         in respect of the capital of any such trust created after the coming into operation of this section ¹ ; and

            (b)         in respect of the income of any such trust created before or after the coming into operation of this section ¹ ,

                and retain those fees and commissions or receive them against, from or out of such capital or income, as the case requires.

        (2)         The fees and commissions charged from time to time pursuant to subsection (1) — 

            (a)         shall not exceed the fees and commissions which Trustee Companies may from time to time lawfully charge, retain or receive against, from or out of the capital or income, as the case requires, of estates, trusts, or funds committed to their administration; or

            (b)         if those last mentioned fees and commissions differ, shall not exceed the average thereof.

        (3)         Any act, matter, or thing, for or with respect to which provision is made in this section, made, done, or executed before the coming into operation of this section which would have been lawful if this section had been in force at the time such act, matter, or thing was made, done, or executed is hereby validated.

        (4)         In subsection (2) Trustee Companies means the companies on which powers are conferred respectively by The Perpetual Trustees W.A. Ltd., Act 1922  ⁵ and the West Australian Trustees Limited Act 1893 ⁶ .

        [Section 3BA inserted by No. 101 of 1975 s. 3.]