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Confiscation of Criminal Assets Act 2003
131Payments into trust fund
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131 Payments into trust fund
(1) The following amounts must be paid into the trust fund:
(a) the income from the administration of restrained property;
(b) the forfeited money mentioned in section 111 (1) (Disposal of
forfeited property) and the Criminal Code, section 377
(Unlawful possession offence—disposal of forfeited property
by public trustee and guardian);
(c) income earned from forfeited property (including income from
the administration of the property);
(d) amounts raised from the sale of property to satisfy penalty
orders, including any income earned from those amounts;
(e) amounts received, or amounts raised from the sale of property,
to satisfy unexplained wealth orders, including any income
earned from those amounts;
(f) payments for forfeited property that is bought back under a
buyback order;
(g) the remainder of the proceeds mentioned in the Crimes
Act 1900, section 250 (2) (b) (Disposal of forfeited articles by
public trustee) and the Criminal Code, section 377 (3) (b);
(h) the proceeds of the enforcement of registered interstate
automatic forfeiture decisions and registered interstate forfeiture
orders;
(i) payments and the proceeds of property sold to satisfy an
interstate penalty orders;
(j) payments received under the equitable sharing program;
(k) amounts paid to the Territory under the national cooperative
scheme.
(2) However, this section does not apply in relation to forfeited property
to which a direction under section 111 (3) (Disposal of forfeited
property) applies.
(3) Amounts paid into the trust fund must be designated as reserved funds
or distributable funds in accordance with the regulations (if any).
(4) All amounts payable into the trust fund must be paid into a trust
banking account maintained under the Financial Management
Act 1996, section 51 (Directorate trust banking accounts).