3Suitors’ Fund

3 Suitors’ Fund

3 Suitors’ Fund

(1) There is to be established in the Attorney General’s Department Account a “Suitors’ Fund” into which shall be paid the moneys referred to in section 5 and from which shall be paid the amounts referred to in sections 6 (2), 6A, 6B and 6C.

(2) In addition to the money payable out of the Fund under this Act the following amounts shall be a charge against and shall be paid out of the Fund—

(a) all costs of management of the Fund as certified by the Auditor-General,

(b) any amount considered by the Director-General to be surplus to the Fund’s requirements,

(c) fees payable to consultants retained by the Director-General to advise on the proper investment of the Fund.

(2A) An amount referred to in subsection (2) (b) shall not be paid out of the Fund without the concurrence of the Attorney General.

(2B) An amount paid out of the Fund under subsection (2) (b) shall be used for expenditure—

(a) on improving (or on projects designed to lead to improving) court facilities and services, and

(b) towards the administrative costs incurred in relation to the operation of Part 5 of the Civil Procedure Act 2005.

(3) The Fund shall, subject to this Act and the regulations, be under the direction, control and management of the Director-General.

(4) All moneys payable to the Fund under this Act and interest allowed thereon shall be made available to the Director-General for investment or for the purpose of paying the amounts referred to in subsection (2) of section 6 or any other amount properly payable out of the Fund.

(5) Interest at a rate to be determined by the Treasurer shall be allowed on the amount at the credit of the account first referred to in subsection (4).

(6) The Fund shall as far as practicable be invested in securities in which trustees are by law authorised to invest.

(7) Interest derived from the investment of the Fund shall form part thereof.

(8) The income of the Fund shall not be subject to taxation under any Act of this State.