Australian Capital Territory Numbered Acts

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CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 135

Review of reserved and distributable funds by public trustee

    (1)     The public trustee must review the trust fund at least twice each year to decide whether the amount of reserved funds is likely to be sufficient to meet the payments from reserved funds that may be made within the 6 month period after the review.

    (2)     If the public trustee considers that the amount of reserved funds is likely to be insufficient, the public trustee must declare, in writing, an amount of distributable funds to be reserved funds.

    (3)     The amount declared must not be more than is necessary to increase the amount of reserved funds to what is required to meet payments from reserved funds within the 6 months after the declaration is made.

    (4)     If the public trustee considers that the amount of reserved funds is likely to be more than is necessary, the public trustee must declare, in writing, the amount of the surplus funds to be distributable funds.

Note     Proceedings under this part are civil, not criminal (see s 237 (1) (b)).



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