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Confiscation of Criminal Assets Act 2003
100Powers of public trustee and guardian to preserve
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100 Powers of public trustee and guardian to preserve
restrained property etc
(1) The public trustee and guardian may do anything necessary or
desirable to preserve the value of the restrained property.
1 bring or defend any civil proceeding affecting the property
2 insure the property
3 if the property consists (completely or partly) of securities or investments,
realise or otherwise deal with the securities or investments
4 if the property is related to a business—
(a) employ, or end the employment of, people in the business; and
(b) do anything else that is necessary or convenient for carrying on the
business on a sound commercial basis
5 if the property consists, completely or partly, of shares in a corporation,
exercise (to the exclusion of the registered proprietor) the rights attaching to
the shares as if the public trustee and guardian were the registered holder
Note Related powers of the public trustee and guardian include making an
application to a relevant court for an order about the restrained property
(see s 39) and the registration of title to, or charges over, registrable
property (see s 50).
(2) The owner of restrained property commits an offence if—
(a) the public trustee and guardian asks the owner for the person’s
tax file number within a stated reasonable time; and
(b) the owner fails to give the public trustee and guardian the
person’s tax file number within that time.
(3) An offence against this section is a strict liability offence.