Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(a) moneys are, pursuant to a law of the Territory, to be paid—
(i) to a Minister;
(ii) to an officer;
(iii) into the Australian Capital Territory Treasury; or
(iv) to the credit of the Trust Fund;
(b) a Minister or an officer who is, by virtue of his or her office, the trustee, or one of the trustees, of a trust receives moneys as the trustee, or as a trustee, of the trust; or
(c) moneys are otherwise received by a Minister or an officer in the course of performing the duties of his or her office;
and the moneys are to be held otherwise than on account of, or for the use or benefit of, the Territory, the moneys are moneys to which this section applies.
(2) Moneys to which this section applies form part of the Trust Fund.
(3) Where the Minister is of the opinion that, having regard to the terms on which any moneys to which this section applies are required to be held, it would not be appropriate for those moneys to form part of the Trust Fund, the Minister—
(a) may direct, in writing, that the moneys shall not form part of the Trust Fund; and
(b) may, from time to time while a direction under paragraph (a) is in force, give further directions, in writing, as to the manner in which those moneys are to be dealt with.
(4) Where, by virtue of a direction given by the Minister under subsection (3), moneys to which this section applies do not form part of the Trust Fund, a person shall not fail to comply with a direction given by the Minister under that subsection as to the manner in which those moneys are to be dealt with.
Penalty: $5,000 or imprisonment for 2 years, or both.
(5) Where, by virtue of subsection (2), moneys have become part of the Trust Fund and—
(a) those moneys have, for a continuous period of not less than 6 years, stood to the credit of the Trust Fund without—
(i) any portion of those moneys having been expended for the purpose for which those moneys are held; or
(ii) any claim having been made by a person entitled to those moneys; or
(b) the purpose for which those moneys are held is no longer capable of being fulfilled;
those moneys shall be paid to the Consolidated Fund and, where interest on those moneys has been paid to the Trust Fund in accordance with a direction of the Chief Minister given under subsection 86 (3), an amount equal to that interest shall also be paid to the Consolidated Fund.
(6) Where the Minister is satisfied that a person is entitled to any moneys paid to the Consolidated Fund pursuant to subsection (5), those moneys shall be paid to that person, and the Consolidated Fund is appropriated accordingly.
(7) Subsections (2) to (6) (inclusive) apply in relation to moneys to which this section applies, being moneys of a kind referred to in paragraph (1) (a) or (b), to the extent only to which those provisions are not inconsistent with the provisions of the law or the terms of the trust, as the case may be, applicable to those moneys.