Commonwealth Numbered Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 No. 51, 2004 - SECT 433

Powers of the trustee generally
(1)
If a trustee is appointed under section 432 in respect of payments of compensation under this Act, the compensation is payable to the trustee.

(2)
A trustee may invest those payments and interest on those payments in accordance with section 434 or 435.

(3)
The trust funds may be dealt with in the following ways:

(a) the funds may be applied for the benefit of the person who is entitled to the compensation, a member of that person's family, or a dependant of that person, as the trustee sees fit;
(b) if the trust is terminated during the life of that person—the trust funds must be transferred to that person;
(c) if that person dies before the trust is terminated—the trust funds must be paid or transferred to:
(i) the legal personal representative of the deceased person as part of the estate of the deceased person; or
(ii) if there is no legal personal representative and the Commission is satisfied that no application will be made for probate of the will or letters of administration of the estate of the deceased person—the person who the Commission determines is best entitled to them.



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