Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 377

    (1)     The public trustee and guardian must pay any forfeited money transferred to the public trustee and guardian under section 376 to the confiscated assets trust fund under the Confiscation of Criminal Assets Act 2003

.

    (2)     The public trustee and guardian must sell or otherwise dispose of other property transferred to the public trustee and guardian under section 376.

    (3)     The public trustee and guardian must—

        (a)     apply the proceeds of the sale or disposition in payment of the public trustee and guardian's remuneration, and other costs, charges and expenses, in relation to the sale or disposition; and

        (b)     pay the remainder of the proceeds to the confiscated assets trust fund under the Confiscation of Criminal Assets Act 2003

.

    (4)     However, the Minister may direct that, in a particular case, forfeited goods be dealt with in accordance with the direction (including in accordance with a law stated in the direction).

    (5)     The direction is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.

    (6)     The public trustee and guardian must comply with the Minister's direction.

    (7)     Any interest held by the public trustee and guardian in relation to property transferred under section 376 (2) is a statutory interest of a kind to which the Personal Property Securities Act 2009

(Cwlth), section 73 (2) applies.

    (8)     A regulation may make provision in relation to public trustee and guardian's remuneration, and other costs, charges and expenses, under subsection (3) (a).