Australian Capital Territory Numbered Acts

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PROCEEDS OF CRIME ACT 1991 (NO. 103 OF 1991) - SECT 35

Payments out of Trust Fund

35. (1) The purposes of the Trust Fund are—

        (a)     to the extent to which it comprises suspended funds—

              (i)     making such payments, if any, to the Commonwealth or a State as the Attorney-General considers are appropriate under the equitable sharing program;

              (ii)     paying the prescribed annual management fee in accordance with the regulations; and

              (iii)     making such payments by way of restitution as are required under subparagraph 21 (6) (d) (ii), paragraph 22 (4) (b) or subparagraph 29 (6) (d) (ii); and

        (b)     to the extent to which it comprises distributable funds—

              (i)     making payments to a government business enterprise of any proceeds of confiscated assets that relate to a relevant offence that caused financial loss to the government business enterprise; and

              (ii)     making payments in accordance with section 36 for purposes related to law enforcement and drug rehabilitation and education.

    (2) In this section—

“relevant offence” means an offence under—

        (a)     section 5, 6, 7, 8 or 11 of the Crimes (Offences against the Government) Act 1989 ;

        (b)     section 349 of the Crimes Act; or

        (c)     a prescribed offence.



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