148Public Trustee common fund

148 Public Trustee common fund (1) The following are to be paid into a common fund established under the Public Trustee Act 1979 and maintained by the Public Trustee: (a) funds that are restrained under this Act and are transferred to the Public Trustee in accordance with section 107; (b) income from a business or property managed by the Public Trustee in accordance with this Act; (c) the proceeds of sale under section 109 or 112 of restrained property; (d) money that, under this Act, is paid to the Territory, recovered by the Territory or forfeited; (e) proceeds of the disposal of forfeited property; (f) income from forfeited property. (2) Money that has been paid into a common fund in accordance with subsection (1) may be paid out by the Public Trustee: (a) to cover any costs of storing, seizing or managing restrained or forfeited property that are incurred by the Public Trustee or a person appointed under this Act to manage the property; or (b) as fees payable to the Public Trustee for the management of property or performance of functions under this Act; or

Criminal Property Forfeiture Act 2002 89 (c) under an order of a court as property released from restraint or forfeiture; or (d) to a bona fide mortgagee or encumbrancee of property sold under this Act; or (e) if the money is proceeds from the sale of property under a registered interstate forfeiture order – to the State or Territory that made the interstate order; or (f) as a co-owner's share of property forfeited or sold under this Act; or (g) in any circumstances provided for by the Public Trustee Act 1979; or (h) to the Territory.