Document ID: chunk:federal_register_of_legislation:C2025C00155:section:243e:p3
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 243E (pt 3/3)
Character Range: 1597927–1599972

Director of Public Prosecutions may, on behalf of the Commonwealth, give to the Court such undertakings with respect to the payment of damages or costs, or both, as are required by the Court.
 (7) Notwithstanding anything contained in the Bankruptcy Act 1966, moneys that have come into the possession, or under the control, of the Official Trustee in accordance with an order made under subsection (2) shall not be paid into the Common Investment Fund established in pursuance of section 20B of that Act.
 (8) Where the Official Trustee is given a direction under subparagraph (2)(c)(ii) 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.
 (9) Where the Official Trustee is given a direction under subparagraph (2)(c)(ii) in relation to shares in a company, the Official Trustee 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.
 (10) Neither paragraph (8)(c) nor subsection (9) limits the generality of the other.
 (11) In proceedings dealing with an application for an order under paragraph (2)(c), 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.