Document ID: chunk:federal_register_of_legislation:C2018C00169:section:43:p2
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 43 (pt 2/2)
Character Range: 127896–129478

be paid into the Common Investment Fund established under section 20B of that Act.
 (6) Where the Official Trustee is given a direction under paragraph (2)(b) in relation to property, the Official Trustee may do anything that is reasonably necessary for the purpose of preserving the property including, without limiting the generality of this:
 (a) becoming a party to any civil proceedings affecting the property;
 (b) ensuring that the property is insured;
 (c) if the property consists, wholly or partly, of securities or investments—realising or otherwise dealing with the securities or investments; and
 (d) if the property consists, wholly or partly, of a business:
 (i) employing, or terminating the employment of, persons in the business; and
 (ii) doing any other thing that is necessary or convenient for carrying on the business on a sound commercial basis.
 (6A) Where the Official Trustee is given a direction under paragraph (2)(b) in relation to shares in a company, it is entitled:
 (a) to exercise the rights attaching to the shares as if it were the registered holder of the shares; and
 (b) to do so to the exclusion of the registered holder.
 (6B) Neither of paragraph (6)(c) and subsection (6A) limits the generality of the other.
 (7) Where the DPP applies to a court for an order under subsection (2), a witness shall not be required to answer a question or to produce a document if the court is satisfied that the answering of the question or the production of the document may prejudice the investigation of, or the prosecution of a person for, an offence.