Fair Trading Act 1987

There is to be established in the Special Deposits Account a NSW Consumer Law Fund (the Fund).

There is payable into the Fund—

any pecuniary penalty ordered by a court under section 224 of the ACL to be paid to the State, and

any amount ordered by a court under section 239 (1) of the ACL to be paid into the Fund, and

the proceeds of the investment of money in the Fund, and

any money directed to be paid into the Fund by or under this or any other Act.

There is payable out of the Fund—

money to non-party consumers in accordance with an order under section 239 (1) of the ACL, and

special purpose grants for improving consumer well-being, consumer protection or fair trading, and

administrative expenses incurred in relation to the Fund, and

money that is directed to be paid from the Fund by or under this or any other Act.

Subject to the regulations, money is to be paid out of the Fund in accordance with the directions of the Minister made on the recommendation of the Secretary.

Any amount ordered by a court under section 239 (1) of the ACL to be paid into the Fund must not be paid out of the Fund except in accordance with the terms of the order.

The Minister may, on the recommendation of the Secretary, invest money in the Fund—

if the Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Minister is permitted to invest money under that Part, or

if the Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Treasurer.