39BCourt orders relating to administration of children's funds

39B Court orders relating to administration of children's funds (1) If in any civil proceedings before the court it is adjudged or ordered that money be paid to a child (whether or not that child is a party to a cause or matter) the money— (a) is to be paid into court; and (b) unless the court otherwise orders, is to be paid out to an administrator specified by the court. (2) If any money, not being money to which subsection (3) applies— (a) is paid into court— (i) before the commencement of this section; or (ii) after the commencement of this section in accordance with a judgment or order entered or made before the commencement of this section; and (b) the money is being held in court on behalf of a child— the court may by order direct that the money be paid out to an administrator specified in the order. (3) If the court adjudges or orders that property (whether real or personal) be delivered up or transferred to a child (whether or not that child is a party to a cause or matter), the court— (a) may order that the property be delivered up or transferred to an administrator specified in the order; and (b) may give any directions for the service of the order on the administrator as it thinks fit. (4) If an order under subsection (3) is served on State Trustees within the meaning of the **State Trustees (State Owned Company) Act 1994**, State Trustees must accept delivery or transfer of the property to which the order relates and the acceptance of the property is a sufficient discharge to the person delivering or transferring the property. S. 39B(5) amended by Nos 30/2004 s. 13(1)(2), 13/2019 s. 221(Sch. 1 item 10.1). (5) A copy of any order made under this section must be given by the administrator to VCAT and the Public Advocate within the meaning of the **Guardianship and Administration Act 2019**. S. 39B(6) amended by No. 30/2004 s. 13(1), substituted by No. 13/2019 s. 221(Sch. 1 item 10.2). (6) An order of the Court under this section that money be paid out to an administrator has effect as if it were an administration order under the **Guardianship and Administration Act 2019** and, subject to the order of the Court, the administrator has all the powers and duties set out in Divisions 6, 7 and 8 of Part 3 of that Act. Pt 2 Div. 2B (Heading and s. 39C) inserted by No. 30/2004 s. 5.