189Public Trustee common fund

### 189 Public Trustee common fund > [*\[Section 189 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014\]*](/view/html/inforce/2014-03-01/act-2013-060#GS12@EN) > > > (1)  The following are to be paid into the common fund of the Public Trustee created under the [Public Trustee Act 1930](/view/html/inforce/2026-04-12/act-1930-061) : > > > > > > (a) funds that are restrained under this Part and are transferred to the Public Trustee in accordance with [section 161](#GS161@EN) ; > > > > > > > (b) income from a business or property managed by the Public Trustee in accordance with this Part; > > > > > > > (c) the proceeds of sale under [section 162](#GS162@EN) or [165](#GS165@EN) of restrained property. > > > (2)  Money that has been paid into the common fund in accordance with [subsection (1)](#GS189@Gs1@EN) may be paid out of the common fund by the Public Trustee – > > > > > > (a) to cover any costs of storing or managing restrained property or forfeited property that are incurred by the Public Trustee or a person appointed under this Part to manage the property; or > > > > > > > (b) as fees payable to the Public Trustee for the management of property or performance of functions under this Part; or > > > > > > > (c) under an order of a court as restrained property that is to be returned; or > > > > > > > (d) to a *bona fide* mortgagee or encumbrancee of property sold under this Part; or > > > > > > > (e) if the money is proceeds from the sale of property under a registered interstate forfeiture order, to the State that made the interstate order; or > > > > > > > (f) as a co-owner's share of property sold under this Part; or > > > > > > > (g) in any circumstances provided for by the [Public Trustee Act 1930](/view/html/inforce/2026-04-12/act-1930-061) ; or > > > > > > > (h) to the State, including money that becomes forfeited property; or > > > > > > > (i) as otherwise prescribed. > > > (3)  Money required to be paid out by the Public Trustee under this Part is to be paid out as soon as practicable after the Public Trustee becomes aware that payment is due.