Document ID: chunk:federal_register_of_legislation:C2023C00229:section:35g
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 35G
Character Range: 139606–141182

35G  Official Trustee to carry out orders
 (1) As soon as practicable after an order is made under subsection 35F(1) covering property that is money, the Official Trustee must:
 (a) apply the money in payment of the costs payable to the Official Trustee, under section 288 of the Proceeds of Crime Act, in respect of the order under section 35 in respect of the property; and
 (b) subject to subsection (3), credit the remainder of the money to the Confiscated Assets Account as required by section 296 of that Act.
 (2) As soon as practicable after an order is made under subsection 35F(1) covering property that is not money, the Official Trustee must:
 (a) sell or otherwise dispose of the property;
 (b) apply the proceeds of the sale or disposition in payment of the costs payable to the Official Trustee, under section 288 of the Proceeds of Crime Act, in respect of the order in respect of the property (including expenses incurred in connection with selling or disposing of the property); and
 (c) subject to subsection (3), credit the remainder of the proceeds to the Confiscated Assets Account as required by section 296 of the Proceeds of Crime Act.
 (3) If the money or proceeds to which paragraph (1)(b) or (2)(c) applies exceeds the amount payable to the Commonwealth under the order under subsection 35F(1):
 (a) the amount to be credited under that paragraph is the amount payable to the Commonwealth under the order; and
 (b) the Official Trustee must pay an amount equal to the excess to the person whose property was covered by the order under section 35.