105Amounts that may be included in common funds

105 Amounts that may be included in common funds

105 Amounts that may be included in common funds

(1) A common fund may include only the following—

(a) trust funds or protective funds, or both,

(b) amounts payable to the common fund from the Reserve Fund,

(c) money paid into court that has been subsequently paid to the NSW Trustee for payment into a common fund,

(d) any other money required under any Act to be paid into a common fund under this Act.

(2) An amount must not be included in a common fund if—

(a) the relevant trust instrument prohibits investment in the common fund, or

(b) the amount is held by the NSW Trustee with another person who has objected in writing to the amount’s inclusion in the common fund.

(3) In this section, court means the following—

(a) the Supreme Court,

(b) the Land and Environment Court,

(c) the District Court,

(d) the Dust Diseases Tribunal,

(e) the Local Court,

(f) any other court or tribunal prescribed by the regulations.

s 105: Am 2009 No 106, Sch 4.23 [2].