Proceeds of Crime Act 2002

CHAPTER 4 - ADMINISTRATION  

PART 4-1 - POWERS AND DUTIES OF THE OFFICIAL TRUSTEE  

Division 5 - Miscellaneous  

SECTION 290   Official Trustee is not personally liable  

290(1)    
The * Official Trustee is not personally liable for:

(a)    any loss or damage, sustained by a person claiming an * interest in all or part of the * controlled property, arising from the Official Trustee taking custody and control of the property; or

(b)    the cost of proceedings taken to establish an interest in the property;

unless the court is satisfied that the Official Trustee is guilty of negligence in respect of taking custody and control of the property.

Note:

See also section 267AB , which extends the meaning of controlled property for the purposes of this section.

290(2)    
The * Official Trustee is not personally liable for:

(a)    any rates, land tax or municipal or statutory charges imposed under a law of the Commonwealth, a State or a Territory in respect of the * controlled property, except out of any rents or profits that the Official Trustee receives from the property; and

(b)    if, in taking custody and control of the property, the Official Trustee carries on a business - any payment in respect of long service leave or extended leave:

(i) for which the person who carried on the business before the Official Trustee was liable; or

(ii) to which an employee of the Official Trustee in its capacity as custodian and controller of the business, or a legal representative of such an employee, becomes entitled after the * restraining order covering the property was made; and

(c)    any other expenses in respect of the property.