31Public Trustee to discharge pecuniary penalty orders

### 31 Public Trustee to discharge pecuniary penalty orders > > (1)  If – > > > > > > (a) the Public Trustee has taken custody and control of all or some of the property of a person under a restraining order; and > > > > > > > (b) a pecuniary penalty order has been made in reliance on the conviction of the person – > > > > an appropriate court may, on application by the Public Trustee, make an order (in this section referred to as "the later order") directing the Public Trustee to pay to the State, out of that property, an amount equal to the penalty amount. > > > (2)  For the purpose of enabling the Public Trustee to comply with the later order, the appropriate court may, by the later order or a subsequent order – > > > > > > (a) direct the Public Trustee to sell or otherwise dispose of such of the property under the custody and control of the Public Trustee as the court specifies; and > > > > > > > (b) appoint an officer of the court or another person to execute any deed or instrument in the name of the person who owns or has an estate, interest or right in the property and to do all acts and things necessary to give validity and operation to such deed or instrument. > > > (3)  The execution of a deed or instrument by a person appointed for the purpose under [subsection (2)](#GS31@Gs2@EN) [(b)](#GS31@Gs2@Hpb@EN) has the same force and validity as if it had been executed by the person who owned or had an estate, interest or right in the property. > > > (4)  As soon as practicable after the making of the later order, the Public Trustee is – > > > > > > (a) to apply the money that has come into the Public Trustee's possession or under the Public Trustee's control by reason of the sale or disposition of any of the property specified in the later order or subsequent order or otherwise in the course of performing the Public Trustee's duties in respect of the property to which the restraining order relates, in payment of – > > > > > > > > > > (i) the fees payable in connection with; and > > > > > > > > > > > (ii) the expenses incurred by the Public Trustee in or in connection with – > > > > > > > > the performance of the duties imposed on the Public Trustee under the restraining order, including the expenses incurred by the Public Trustee in or in connection with the sale or disposition of any of the property to which the restraining order relates; and > > > > > > > (b) subject to [subsection (5)](#GS31@Gs5@EN) and after the payments referred to in [paragraph (a)](#GS31@Gs4@Hpa@EN) have been made – to pay the remainder of the money referred to in that paragraph to the State. > > > (5)  If the money to which [subsection (4)](#GS31@Gs4@EN) [(b)](#GS31@Gs4@Hpb@EN) applies exceeds the penalty amount, the Public Trustee is – > > > > > > (a) to pay to the State, out of that money, an amount equal to the penalty amount; and > > > > > > > (b) to pay the balance of that money to the person referred to in [subsection (1)](#GS31@Gs1@EN) . > > > (6)  If, in accordance with the later order, the Public Trustee pays money to the State in respect of the liability of a person under a pecuniary penalty order, the liability of the person under the pecuniary penalty order is, to the extent of the payment, taken to be discharged.