Western Australian Consolidated Acts (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.]