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CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 131

Payments into trust fund

    (1)     The following amounts must be paid into the trust fund:

        (a)     the income from the administration of restrained property;

        (b)     the forfeited money mentioned in section 111 (1) (Disposal of forfeited property) and the Crimes Act 1900 , section 386B (1) (Disposal of forfeited money or goods by the public trustee);

        (c)     income earned from forfeited property (including income from the administration of the property);

        (d)     amounts raised from the sale of property to satisfy penalty orders, including any income earned from those amounts;

        (e)     payments for forfeited property that is bought back under a buyback order;

        (f)     the remainder of the proceeds mentioned in the Crimes Act 1900 , section 250 (2) (b) (Disposal of forfeited articles by public trustee) and section 386B (3) (b);

        (g)     the proceeds of the enforcement of registered interstate automatic forfeiture decisions and registered interstate forfeiture orders;

        (h)     payments and the proceeds of property sold to satisfy an interstate penalty orders;

              (i)     payments received under the equitable sharing program.

    (2)     However, this section does not apply in relation to forfeited property to which a direction under section 111 (3) (Disposal of forfeited property) applies.

    (3)     Amounts paid into the trust fund must be designated as reserved funds or distributable funds in accordance with the regulations (if any).

    (4)     All amounts payable into the trust fund must be paid into a trust banking account maintained under the Financial Management Act 1996 , section 51 (Departmental trust banking accounts).



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