New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 18

18 Protection of Public Trustee

(1) A person who hinders or obstructs the Public Trustee in the performance of the Public Trustee’s obligations under a restraining order is guilty of an offence.

Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.

(2) Section 45 of the Public Trustee Act 1913 applies to and in respect of the functions of the Public Trustee under this Act in the same way as it applies to and in respect of the functions of the Public Trustee under that section, but nothing in this section is to be read as limiting the operation of that section.

(3) The Public Trustee is not liable for any rates, land tax or other statutory charges imposed by or under a law of the State on or in respect of an interest in property of which the Public Trustee has been directed by a restraining order to take control, being rates, land tax or other statutory charges that fall due on or after the date of the restraining order, except to the extent, if any, of the rents and profits received by the Public Trustee in respect of that property on or after the date of the restraining order.

(4) If the Public Trustee, in accordance with a restraining order, takes control of a business carried on by a person, the Public Trustee is not liable:

(a) for any payment in respect of long service leave for which the person was liable, or

(b) for any payment in respect of long service leave to which a person employed by the Public Trustee in his or her capacity of manager of the business, or the legal personal representative of such a person, becomes entitled after the date of the restraining order, or

(c) to meet, otherwise than out of the income or assets of the business, any liabilities and expenses incurred in controlling the business.

(5) In this section:
"Public Trustee" includes the deputies of, officers and employees on the staff of, and agents of, the Public Trustee.