(1)  If an advisory trustee is appointed in accordance with section 22 of the Act, the advisory trustee is to be remunerated, subject to the provisions of a relevant trust instrument, at a rate –

(a) subject to paragraph (b) , that is determined by the Public Trustee with the agreement of the trustees; and

(b) that does not exceed 2% of the gross capital value of the estate of which the person is the advisory trustee.

(2)  Unless otherwise specified, the remuneration determined under subregulation (1) is determined exclusive of GST.