Australian Capital Territory Numbered Acts

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PROCEEDS OF CRIME ACT 1991 (NO. 103 OF 1991) - SECT 57

Duties of Public Trustee

57. (1) Where, after the Public Trustee has been directed by an order under subsection 53 (1) or (2) to pay an amount to the Territory out of property of a person, the Public Trustee is given notice in writing of the presentation of a creditor's petition against the person, the Public Trustee—

        (a)     shall refrain from taking action to sell the property under any direction to do so contained in an order under section 53; and

        (b)     shall not pay any money pursuant to the direction to do so contained in the first-mentioned order;

until the petition has been dealt with by a bankruptcy court, has been withdrawn or has lapsed.

(2) Where, after the Public Trustee has been directed by an order under subsection 53 (1) or (2) to pay an amount to the Territory out of property of a person, the Public Trustee is given notice in writing of the reference to a bankruptcy court of a debtor's petition against the person, the Public Trustee—

        (a)     shall refrain from taking action to sell the property under any direction to do so contained in an order under section 53; and

        (b)     shall not pay any money pursuant to the direction to do so contained in the first-mentioned order;

until the petition has been dealt with by a bankruptcy court.

(3) In this section, “bankruptcy court” means a court having jurisdiction in bankruptcy under the Bankruptcy Act.



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