Australian Capital Territory Numbered Acts

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PROCEEDS OF CRIME (CONSEQUENTIAL AMENDMENTS) ACT 1991 (NO. 104 OF 1991) - SECT 6

Insertion

6. After section 350 of the Principal Act the following sections are inserted:

“350A. Where articles are transferred to the Public Trustee under subsection 350 (4), the Public Trustee shall, subject to any direction by the Minister given in a particular case—

        (a)     sell or otherwise dispose of the articles;

        (b)     apply the proceeds of the sale or disposition in payment of the Public Trustee's remuneration and other costs, charges and expenses of the kind referred to in section 350B payable to or incurred by him or her in connection with the sale or disposition; and

        (c)     pay the remainder of those proceeds to the Trust Fund as required by section 34 of the Proceeds of Crime Act 1991.

“350B. (1) The regulations may make provision in relation to—

        (a)     the costs, charges and expenses incurred in connection with; and

        (b)     the Public Trustee's remuneration in respect of;

the performance or exercise by the Public Trustee of functions, duties or powers under section 350.

“(2) Where there are no regulations in relation to a matter referred to in subsection (1)—

        (a)     the regulations referred to in section 59 of the Proceeds of Crime Act 1991 apply, so far as they are applicable, and with appropriate changes, in relation to the matter; and

        (b)     a reference in subsection (1) to regulations shall be taken to be a reference to the regulations referred to in section 59 of the Proceeds of Crime Act 1991 .”.

[Presentation speech made in Assembly on 5 December 1991]

   

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