Australian Capital Territory Numbered Acts

PROCEEDS OF CRIME ACT 1991 (NO. 103 OF 1991) - SECT 37

37. (1) The Public Trustee may, at such times as he or she considers appropriate, but shall, at least once in every 6 months, determine whether the amount of suspended funds in the Trust Fund—

        (a)     is likely to be insufficient to meet the payments to be made out of the suspended funds for the purposes of paragraph 35 (1) (a); or

        (b)     is likely to exceed the amount required to meet those payments.

(2) Where the Public Trustee determines that the amount of suspended funds is likely to be insufficient to meet the payments to be made out of the suspended funds for the purposes of paragraph 35 (1) (a), the Public Trustee shall declare that such an amount of the distributable funds as the Public Trustee identifies, being not more than the amount required to meet those payments, is to be identified as suspended funds.

(3) Where the Public Trustee determines that the amount of suspended funds is likely to exceed the amount required to meet those payments, the Public Trustee shall declare that such an amount of the suspended funds as the Public Trustee identifies, being not more than the amount of the likely excess, is to be identified as distributable funds.

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