South Australian Current Acts

REAL PROPERTY ACT 1886 - SECT 23A

23A—Payment of moneys received in trust

        (1)         Where the Minister has received moneys in trust or otherwise on account of a mortgagee or other person, and the Minister is satisfied that the moneys may be properly paid to any person the Minister may upon the application of that person and upon provision by that person of such an indemnity or indemnities, if any, as the Minister thinks fit, make payment of the moneys to that person.

        (1a)         Before making payment to any person under subsection (1) of this section the Minister may require the production of such evidence as he thinks fit to the effect that—

            (a)         succession duties that may be payable out of, or in respect of, the moneys have been paid; and

            (b)         any other claim to which the moneys may be liable has been satisfied.

        (2)         Any payment made by the Treasurer before the commencement of the Real Property Act Amendment Act 1975 of moneys of a kind referred to in subsection (1) of this section shall be for all purposes as lawful, valid and effectual as it would have been if—

            (a)         that subsection was enacted and in force at the time at which that payment was made; and

            (b)         the payment of those moneys complied in all respects with the provisions of that subsection.