Western Australian Consolidated Acts

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PUBLIC TRUSTEE ACT 1941 - SECT 6B

6B .         Management and performance

        (1)         The Minister and the Public Trustee are to enter into a written agreement for each 12 month period in relation to matters prescribed by the regulations.

        (2)         A current agreement may provide for any or all of the following —

            (a)         the determination of a scale of fees under section 38A(1);

            (b)         the proportion of fees received by the Public Trustee to be credited to the Consolidated Account;

            (c)         the circumstances in which moneys may be transferred to or from a reserve fund;

            (d)         the uses to which moneys in a reserve fund may be put.

        (3)         The annual report of the Public Trustee submitted under the Financial Management Act 2006 shall include —

            (a)         a summary of the current agreement; and

            (b)         a report on the Public Trustee’s performance in relation to matters required by the current agreement to be reported on in the annual report.

        (4)         The first current agreement shall be effective on and from the day on which section 11 of the Public Trustee and Trustee Companies Legislation Amendment Act 2008 comes into operation  1 .

        (5)         If a current agreement (other than the first agreement) has not been made in respect of a 12 month period then on the commencement of that period the provisions of the current agreement for the previous 12 month period apply, to the extent that the provisions are relevant, until a current agreement is made for the first mentioned period.

        (6)         A current agreement is not legally enforceable.

        [Section 6B inserted by No. 9 of 2008 s. 11.]

        [Heading inserted by No. 9 of 2008 s. 12.]



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