75Payments out of Fund

75 Payments out of Fund S. 75(1) amended by Nos 86/1994 s. 47(zx)(iv), 52/1998 s. 103(1). (1) Subject to this Part, there shall from time to time be paid out of the Fund as required and at the direction of the Secretary and in such order as the Secretary considers proper— S. 75(1)(a) amended by Nos 86/1994 s. 47(zx)(iv), 52/1998 s. 103(2)(a). (a) any claim including costs allowed or established in respect of the Fund; S. 75(1)(b) amended by Nos 86/1994 s. 47(zx)(iv), 52/1998 s. 103(2)(b). (b) all legal and other expenses incurred in investigating or defending claims made against the Fund or in the exercise by the Secretary of the rights, powers and authorities vested in it by this Part in relation to the Fund; S. 75(1)(ba) inserted by No. 52/1998 s. 103(3). (ba) the costs and expenses of audits conducted under section 64A; S. 75(1)(c) amended by No. 86/1994 s. 47(zx)(iv), substituted by No. 52/1998 s. 103(4), repealed by No. 17/2024 s. 15. S. 75(1)(d) amended by Nos 38/1993 s. 6(e), 86/1994 s. 47(zx)(i), substituted by No. 52/1998 s. 103(4), repealed by No. 17/2024 s. 15. S. 75(1)(e) amended by No. 86/1994 s. 47(zx)(ii)(iii), substituted by No. 52/1998 s. 103(4). (e) the costs and expenses incurred by the Director or by the Secretary in the administration of this Act or the Fund; S. 75(1)(ea) inserted by No. 17/2004 s. 4(1), amended by Nos 69/2006 s. 224(Sch. 3 item 5.2), 75/2006 s. 192(Sch. 2 item 2.1), 19/2013 s. 19(1)(a), 26/2016 s. 86(1). (ea) the costs and expenses incurred by the Director or by the Secretary in the administration of the **Company Titles (Home Units) Act 2013**, the **Conveyancers Act 2006**, the **Owners Corporations Act 2006**, the **Retirement Villages Act 1986**, the **Rooming House Operators Act 2016** or the **Sale of Land Act 1962**; S. 75(1)(f) amended by Nos 38/1993 s. 6(e), 86/1994 s. 47(zx)(i)(iv), substituted by No. 52/1998 s. 103(4), amended by Nos 69/2006 s. 224(Sch. 3 item 5.3), 19/2013 s. 19(1)(b), 26/2016 s. 86(2), 14/2019 s. 30. (f) the costs and expenses incurred by or in relation to the Authority or the Tribunal in fulfilling its functions and duties under this Act, the **Company Titles (Home Units) Act 2013**, the **Owners Corporations Act 2006**, the **Rooming House Operators Act 2016** or the **Sale of Land Act 1962** including the fees and remuneration payable to the members of the Authority or the Tribunal; S. 75(1)(fa) inserted by No. 86/1994 s. 45(i), repealed by No. 52/1998 s. 103(4). (g) all moneys repayable to the Public Account pursuant to section 86; S. 75(1)(ga) inserted by No. 9500 s. 16(a), amended by No. 86/1994 s. 47(zx)(iv), repealed by No. 52/1998 s. 103(5). (h) any loss incurred on the realization or revaluation of any investment of the Fund; S. 75(1)(ha) inserted by No. 9500 s. 16(b), repealed by No. 29/1989 s. 20(1). S. 75(1)(hb) inserted by No. 10028 s. 44(b). (hb) any refunds of fees chargeable under this Act or the regulations which are refunds made pursuant to this Act or the regulations; S. 75(1)(hc) inserted by No. 17/2004 s. 4(2). (hc) funds towards the costs and expenses incurred by the Tribunal in fulfilling its functions and duties under the **Residential Tenancies Act 1997** including the fees and remuneration payable to the members of the Tribunal; S. 75(1)(hd) inserted by No. 17/2004 s. 4(2). (hd) funds for any matter relating to the regulation of estate agency practice under any other Act or law; S. 75(1)(he) inserted by No. 17/2004 s. 4(2). (he) funds for other consumer protection matters relating to interests in land; S. 75(1)(hf) inserted by No. 75/2006 s. 192(Sch. 2 item 2.2). (hf) money payable out of the Fund in accordance with the **Conveyancers Act 2006**; S. 75(1)(hg) inserted by No. 26/2016 s. 86(3). (hg) money payable out of the Fund in accordance with the **Rooming House Operators Act 2016**; S. 75(1)(hh) inserted by No. 17/2024 s. 4(1). (hh) without limiting paragraphs (e), (ea), (f), (hc), (he), (hf) or (hg), costs and expenses of establishing, and the on-going funding, operation and administration of the provision of dispute resolution services for disputes arising under the following housing and property related consumer Acts and the regulations made under those Acts— (i) this Act; (ii) the **Company Titles (Home Units) Act 2013**; (iii) the **Conveyancers Act 2006**; (iv) the **Owners Corporations Act 2006**; (v) the **Residential Tenancies Act 1997**; (vi) the **Retirement Villages Act 1986**; (vii) the **Rooming House Operators Act 2016**; (viii) the **Sale of Land Act 1962**; (ix) any other prescribed housing and property related consumer Act; S. 75(1)(hi) inserted by No. 17/2024 s. 4(1). (hi) funding the provision of consumer advocacy and assistance services under any housing and property related consumer Act referred to in paragraph (hh), including any regulations made under those Acts; (i) all other moneys payable out of the Fund in accordance with the provisions of this Act. S. 75(1A) inserted by No. 17/2024 s. 4(2). (1A) Nothing in subsection (1)(hh) or (hi) limits the operation of section 76. S. 75(2) inserted by No. 10028 s. 44(c), amended by Nos 86/1994 s. 47(zv), 52/1998 s. 103(6). (2) With the approval of the Minister there may from time to time be paid out of the Fund such part of moneys paid into the Fund on a direction of the Minister under section 89 as exceeds the sum of— (a) the amount necessary to satisfy any claim or claims against the Fund in relation to the estate agent whose trust account was the subject of the direction; and (b) the legal and other expenses incurred in investigating or defending the claim or claims— and the payment out of the Fund shall be made on such conditions as the Secretary with the approval of the Minister determines. S. 76 (Heading) inserted by No. 17/2004 s. 7(6). S. 76 amended by Nos 9500 s. 17, 10028 s. 45, 29/1989 s. 20(2), substituted by No. 86/1994 s. 37.