UNCLAIMED MONEY ACT 1950 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 2A. Notes 3. Declaration of corresponding law PART 2--UNCLAIMED ASSETS IN HANDS OF LIQUIDATORS 4. Unclaimed assets in hands of liquidator 5. Payments to people entitled PART 3--UNCLAIMED AMOUNTS PAYABLE BY COMPANIES 6. Application--pt 3 7. Register of unclaimed amounts to be kept 8. Notice of particulars of register to be given to public trustee 9. Failure to compile and publish register 10. Payment of unclaimed amounts to Territory 11. Failure to pay unclaimed amounts 13. Payment of unclaimed amounts to claimants 15. Pt 3 does not apply to certain unclaimed amounts PART 5--UNCLAIMED RSA MONEY 26. Definitions--pt 5 27. Application of pt 5 28. Statement of unclaimed RSA money 29. Payment of unclaimed RSA money to Minister 30. Discharge of RSA provider from liability 31. Payment to applicant 32. Repayment of excess amount 33. Register of unclaimed RSA money received PART 6--MISCELLANEOUS 33A. Unclaimed money register 34. Determination of fees 35. Approved forms DICTIONARY ENDNOTES UNCLAIMED MONEY ACT 1950 - LONG TITLE An Act relating to unclaimed assets in the hands of liquidators of companies, unclaimed amounts held by companies, unclaimed superannuation benefits and unclaimed amounts held in retirement savings accounts UNCLAIMED MONEY ACT 1950 - SECT 1 Name of Act This Act is the Unclaimed Money Act 1950. UNCLAIMED MONEY ACT 1950 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act. For example, the signpost definition '"unclaimed amount", for part 3 (Unclaimed amounts payable by companies)--see section 6 (2).' means that the term 'unclaimed amount' is defined in that section for part 3. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). UNCLAIMED MONEY ACT 1950 - SECT 2A Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. UNCLAIMED MONEY ACT 1950 - SECT 3 Declaration of corresponding law (1) The Minister may declare that a law of a State or another Territory is a law that corresponds with this Act. (2) A declaration is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. UNCLAIMED MONEY ACT 1950 - SECT 4 Unclaimed assets in hands of liquidator (1) A liquidator of a company who-- (a) has in his or her hands or under his or her control any amount (including a dividend) that has remained unclaimed for longer than 6 months from when the amount became payable; or (b) after making a final distribution, has in his or her hands or under his or her control any unclaimed or undistributed amount arising from the property of the company; must pay that amount to the Territory. (2) The Supreme Court may, at any time, on the application of the public trustee, by order, direct a liquidator to submit to the court an account of any unclaimed or undistributed amounts in his or her hands. (3) If the Supreme Court makes an order under subsection (2), it may, by its order, give directions about-- (a) the verification of the account; and (b) the auditing of the account; and (c) the payment by the liquidator to the Territory of unclaimed or undistributed amounts. (4) A liquidator who makes a payment to the Territory in accordance with subsection (1) or in accordance with an order under subsection (2) must give the public trustee particulars of-- (a) the amount paid; and (b) the name of the company concerned; and (c) the name of the person who appears, from the records of the company, to be entitled to the amount to which the payment relates. (5) If a liquidator pays an amount to the Territory in accordance with subsection (1) or in accordance with an order made under subsection (2), the liquidator is discharged from liability to anyone in relation to the amount. UNCLAIMED MONEY ACT 1950 - SECT 5 Payments to people entitled (1) Anyone claiming to be entitled to any amount paid to the Territory under this part may apply to the Supreme Court for an order for payment to the person of any amount owing to the person, and the court, if satisfied that the person claiming is entitled to the amount, must make an order for payment of the amount to the person. (2) On the making of an order under subsection (1) for payment of an amount to a person, or if the Minister is otherwise satisfied that a person in entitled to an amount paid to the Territory under this part, the Minister must pay the amount to the person. (3) The provisions of this section do not, except as expressly declared in this Act, deprive anyone of any other right or remedy to which the person is entitled against the liquidator or anyone else. UNCLAIMED MONEY ACT 1950 - SECT 6 Application--pt 3 (1) This part applies to an amount payable by a company-- (a) to a person in his or her capacity as a member of the company; or (b) in relation to deposits with, or securities of, the company. (2) For this part, an amount to which this part applies is an "unclaimed amount "if-- (a) at least 6 years have elapsed since the day the amount became payable; and (b) during the 6-year period, the company did not receive a request from a person entitled to the amount that the amount be paid to the person or someone else. UNCLAIMED MONEY ACT 1950 - SECT 7 Register of unclaimed amounts to be kept (1) If, in a year, any amounts payable by a company have become unclaimed amounts, the company must, not later than 31 January in the next year, enter particulars of the amounts in an alphabetical register kept for the year by the company at its head or principal office in the ACT. Note If a form is approved under s 35 for the register, the form must be used. (2) The company must, on payment or tender of a fee of 20 cents, allow anyone to inspect, at that head or principal office during the hours when the company transacts its ordinary business, all registers kept by the company under this section. (3) If a company pays an amount entered in a register kept by the company under this section to the person entitled to the amount, the company may delete from the register the entry relating to the amount. UNCLAIMED MONEY ACT 1950 - SECT 8 Notice of particulars of register to be given to public trustee (1) This section applies if, under section 7 (1), particulars of unclaimed amounts have been entered in a register kept by a company for a year. (2) The company must prepare a written notice setting out the particulars entered in the register for the year. (3) Not later than 31 March in the next year, the company must-- (a) give the notice, verified by a statutory declaration made by an officer of the company, to the public trustee; and (b) publish a notice in a newspaper circulating in the ACT-- (i) stating that it holds unclaimed amounts for the previous year; and (ii) explaining how people can find out details of the amounts and claim them. Note If a form is approved under s 35 for a provision of this subsection, the form must be used. UNCLAIMED MONEY ACT 1950 - SECT 9 Failure to compile and publish register (1) A company must not fail to comply with any of the provisions of section 7 or section 8. Maximum penalty: 100 penalty units. (2) It is a defence to a prosecution for an offence arising out of a failure to comply with section 7 (1) that, in relation to the amount in question, the defendant complied with a corresponding law that applied in relation to the amount. (3) It is a defence to a prosecution for an offence arising out of a failure to comply with section 8 that, in relation to the register in question, the defendant complied with a corresponding law that applied in relation to the register. UNCLAIMED MONEY ACT 1950 - SECT 10 Payment of unclaimed amounts to Territory (1) This section applies if-- (a) particulars of an unclaimed amount have been entered in a register kept by a company under section 7 (Register of unclaimed amounts to be kept); and (b) the amount has not been paid by the company to the person entitled to it within 1 year after the day the company gave the notice to the public trustee under section 8 (3) (a) that included particulars of the amount. (2) The company must pay the amount to the Territory not later than 1 month after the end of the 1-year period. (3) On payment of the amount to the Territory, the company is relieved from all further liability for the amount. UNCLAIMED MONEY ACT 1950 - SECT 11 Failure to pay unclaimed amounts (1) A company must not fail to pay any amount to the Territory as required by this part. Maximum penalty: 100 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) that, in relation to the amount in question, the defendant complied with the requirements of a corresponding law that applied in relation to the amount. UNCLAIMED MONEY ACT 1950 - SECT 13 Payment of unclaimed amounts to claimants (1) A person who claims to be entitled to an amount paid to the Territory in accordance with section 10 may apply to the Supreme Court for an order under this section. (2) If, on an application made under subsection (1), the Supreme Court is satisfied that the applicant is entitled to an amount paid to the Territory in accordance with section 10, the court must make an order declaring that the applicant is entitled to the amount. (3) The Territory must pay a person an amount that was paid to the Territory under section 10 if-- (a) the Minister is satisfied that the person is entitled to the amount; or (b) the Supreme Court has declared under subsection (2) that the person is entitled to the amount. UNCLAIMED MONEY ACT 1950 - SECT 15 Pt 3 does not apply to certain unclaimed amounts This part does not apply to an amount that is required by a law in force in the ACT to be dealt with in a way different from the way provided by this part. UNCLAIMED MONEY ACT 1950 - SECT 26 Definitions--pt 5 In this part: "Commonwealth Act" means the Retirement Savings Accounts Act 1997 (Cwlth). "holder"--see the Commonwealth Act, section 9. "RSA"--see the Commonwealth Act, section 8. "RSA provider"--see the Commonwealth Act, section 12. "unclaimed RSA money "means an amount that, under the Commonwealth Act, part 8, as modified for the time being under that Act, part 15, is taken to be unclaimed money. UNCLAIMED MONEY ACT 1950 - SECT 27 Application of pt 5 This part applies to an RSA provider that has its registered office in the ACT. UNCLAIMED MONEY ACT 1950 - SECT 28 Statement of unclaimed RSA money (1) An RSA provider must give the Minister a statement of-- (a) all unclaimed RSA money held in RSAs provided by the RSA provider as at the end of each half year starting with the half year ending on 30 June 1998; and (b) particulars relating to the payment of any unclaimed RSA money mentioned in paragraph (a) that the RSA provider pays to a person who is entitled to it between the end of the relevant half year and the day when the statement is given to the Minister. Note If a form is approved under s 35 (Approved forms) for a statement, the form must be used. (2) A statement under subsection (1) must be given to the Minister on or before-- (a) for a half year ending on 30 June in a year--31 October in the year; and (b) for a half year ending on 31 December in a year--30 April in the next year. (3) Despite subsection (2), on application by an RSA provider made before, on or after the day when a statement under subsection (1) is to be given to the Minister (the relevant day), the statement may be given to the Minister on or before the day (later than the relevant day) that the Minister decides in writing. (4) An RSA provider must not contravene subsection (1) or (2). Maximum penalty (subsection (4)): 20 penalty units. UNCLAIMED MONEY ACT 1950 - SECT 29 Payment of unclaimed RSA money to Minister (1) If an RSA provider gives the Minister a statement under section 28 (1), the RSA provider must pay to the Minister an amount equal to the amount mentioned in the statement in accordance with section 28 (1) (a) less any amount mentioned in the statement in accordance with section 28 (1) (b). Maximum penalty: 20 penalty units. (2) The Minister must pay any amount paid to the Minister under subsection (1) into the trust account. UNCLAIMED MONEY ACT 1950 - SECT 30 Discharge of RSA provider from liability On payment to the Minister of an amount as required by this part, an RSA provider is discharged from further liability in relation to the amount. UNCLAIMED MONEY ACT 1950 - SECT 31 Payment to applicant If-- (a) any unclaimed RSA money has been paid to the Minister under this part; and (b) on application, the Minister is satisfied that, apart from this part and the Commonwealth Act, part 8, the applicant would have been paid that unclaimed RSA money by the RSA provider by whom it was paid to the Minister; the Minister must pay that unclaimed RSA money to the applicant. Note If a form is approved under s 35 (Approved forms) for an application, the form must be used. UNCLAIMED MONEY ACT 1950 - SECT 32 Repayment of excess amount If an RSA provider, after paying an amount to the Minister under this part, satisfies the Minister that the amount paid exceeds the amount that would have been paid to the person concerned, the Minister must refund to the RSA provider the amount of the excess. UNCLAIMED MONEY ACT 1950 - SECT 33 Register of unclaimed RSA money received The Minister must keep a register that contains particulars of-- (a) any unclaimed RSA money paid to the Minister by an RSA provider under this part; and (b) particulars of the holder of each RSA in relation to which there is unclaimed RSA money. UNCLAIMED MONEY ACT 1950 - SECT 33A Unclaimed money register (1) The public trustee may keep a register of unclaimed money that is paid to the public trustee under-- (a) this Act; or (b) the Legal Profession Act 2006, section 259; or (c) the Agents Act 2003, section 124. (2) The register may include the name of the owner of the money and any other information the public trustee considers appropriate. (3) The register may be kept in any form, including electronically, that the public trustee decides. (4) The register may be kept in 1 or more parts, as the public trustee considers appropriate. (5) The public trustee must make information in the register available so that a person who is entitled to make a claim for unclaimed money can find out about the entitlement. (6) The public trustee may decide how the information in the register is made available. UNCLAIMED MONEY ACT 1950 - SECT 34 Determination of fees (1) The Minister may, in writing, determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. UNCLAIMED MONEY ACT 1950 - SECT 35 Approved forms (1) The Minister may, in writing, approve forms for this Act. (2) If the Minister approves a form for a particular purpose, the approved form must be used for that purpose. Note For other provisions about forms, see the Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. UNCLAIMED MONEY ACT 1950 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o ACT o Commonwealth o Corporations Act o individual o Minister o property o public trustee o Territory. "Commonwealth Act", for part 5 (Unclaimed RSA money)--see section 26. "company "means-- (a) for part 2 (Unclaimed assets in hands of liquidators)-- (i) a body corporate that is a foreign company within the meaning of the Corporations Act, section 9; or (ii) a body registered under the Cooperatives Act 2002; or (iii) an association incorporated under the Associations Incorporation Act 1991; and (b) for any other provision of the Act-- (i) an entity mentioned in paragraph (a); and (ii) a body corporate that is a company or recognised company within the meaning of the Corporations Act, section 9. "corresponding law" means a law of a State or another Territory declared under section 3 (Declaration of corresponding law) to be a law that corresponds with this Act. "data processing device" means any article or material (including a disk) from which information can be reproduced with or without the aid of any other article or device. "half year" means a period of 6 months ending on 30 June or 31 December. "holder", for part 5 (Unclaimed RSA money)--see the Commonwealth Act, section 9. "registered office"--see the Corporations Act, section 9. "RSA", for part 5 (Unclaimed RSA money)--see the Commonwealth Act, section 8. "RSA provider", for part 5 (Unclaimed RSA money)--see the Commonwealth Act, section 12. "trust account" means the trust bank account maintained by the director-general of the administrative unit responsible for administering this Act in accordance with the Financial Management Act 1996, section 51. "unclaimed amount", for part 3 (Unclaimed amounts payable by companies)--see section 6 (2). "unclaimed RSA money", for part 5 (Unclaimed RSA money)--see section 26. UNCLAIMED MONEY ACT 1950 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history This Act was originally a Commonwealth ordinance--Unclaimed Moneys Ordinance 1950 No 15 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day). It was renamed as the Unclaimed Money Act 1950 by the Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-52 (see amdt 1.145). Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). Legislation before becoming Territory enactment Unclaimed Money Act A1950-15 notified 21 December 1950 (Cwlth Gaz 1950 No 81) commenced 21 December 1950 as amended by Companies Ordinance 1954 Ord1954-14 sch 5 notified 20 August 1954 (Cwlth Gaz 1954 No 52) commenced 1 October 1954 (s 2) Companies Ordinance 1962 Ord1962-7 sch 1 pt 2 notified 21 June 1962 (Cwlth Gaz 1962 No 49) commenced 1 July 1962 (s 2) Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966-19 (as am by Ord1967-36) notified 23 December 1966 (Cwlth Gaz 1966 No 109) commenced 23 December 1966 Unclaimed Moneys Ordinance 1974 Ord1974-18 notified 30 April 1974 (Cwlth Gaz 1974 No 36) commenced 30 April 1974 Unclaimed Moneys Ordinance (No 2) 1974 Ord1974-57 notified 31 December 1974 (Cwlth Gaz 1974 No 103G) commenced 31 December 1974 Unclaimed Moneys (Amendment) Ordinance 1976 Ord1976-64 notified 7 December 1976 (Cwlth Gaz 1976 No S222) commenced 7 December 1976 Ordinances Revision Ordinance 1977 Ord1977-65 notified 22 December 1977 (Cwlth Gaz 1977 No S294) commenced 22 December 1977 Unclaimed Moneys (Amendment) Ordinance 1978 Ord1978-49 notified 28 December 1978 (Cwlth Gaz 1978 No S292) commenced 28 December 1978 Ordinances Revision (Companies Amendments) Ordinance 1982 Ord1982-38 s 32 and sch 4 notified 30 June 1982 (Cwlth Gaz 1982 No S139) commenced 1 July 1982 (s 2) Unclaimed Moneys (Amendment) Ordinance 1982 Ord1982-51 notified 9 July 1982 (Cwlth Gaz 1982 No S149) commenced 9 July 1982 Unclaimed Moneys (Amendment) Ordinance 1984 Ord1984-57 notified 26 October 1984 (Cwlth Gaz 1984 No S441) commenced 26 October 1984 Administrative Arrangements (Consequential Amendments) Ordinance 1988 Ord1988-17 notified 22 April 1988 (Cwlth Gaz 1988 No S114) commenced 22 April 1988 Self-Government (Consequential Amendments) Ordinance 1989 Ord1989-38 sch 1 notified 10 May 1989 (Cwlth Gaz 1989 No S160) s 1, s 2 commenced 10 May 1989 (s 2 (1)) remainder commenced 11 May 1989 (s 2 (2) and Cwlth Gaz 1989 No S164) Legislation after becoming Territory enactment Unclaimed Moneys (Amendment) Act 1990 A1990-28 notified 24 August 1990 (Gaz 1990 No S57) ss 1-3 commenced 24 August 1990 (s 2 (1)) remainder commenced 3 September 1990 (s 2 (2)) Registrar-General (Consequential Provisions) Act 1993 A1993-64 sch 1 notified 6 September 1993 (Gaz 1993 No S172) s 1, s 2 commenced 6 September 1993 (s 2 (1)) sch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207) Statute Law Revision Act 1995 A1995-46 sch notified 18 December 1995 (Gaz 1995 No S306) commenced 18 December 1995 (s 2) Unclaimed Moneys (Amendment) Act 1997 A1997-34 notified 30 June 1997 (Gaz 1997 No S180) commenced 30 June 1997 (s 2) Unclaimed Moneys Act 1998 A1998-1 notified 30 April 1998 (Gaz 1998 No S113) s 9, s 10 taken to have commenced 30 June 1997 (s 2 (2)) remainder commenced 30 April 1998 (s 2 (1)) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 398 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 398 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Justice and Community Safety Legislation Amendment Act 2002 A2002-27 pt 16 notified LR 9 September 2002s 1, s 2 commenced 9 September 2002 (LA s 75)pt 16 commenced 7 October 2002 (s 2 (2)) Cooperatives Act 2002 A2002-45 amdt 6.8 notified LR 5 December 2002 s 1, s 2 commenced 5 December 2002 (LA s 75 (1)) amdt 6.8 commenced 5 June 2003 (s 2 and LA s 79) Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 19 notified LR 3 March 2003s 1, s 2 commenced 3 March 2003 (LA s 75 (1))pt 19 commenced 31 March 2003 (s 2 (2)) Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.27 notified LR 1 December 2005 s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2)) sch 1 pt 1.27 commenced 22 December 2005 (s 2 (4)) Justice and Community Safety Legislation Amendment Act 2010 (No 4) A2010-50 sch 1 pt 1.11 notified LR 14 December 2010 s 1, s 2 commenced 14 December 2010 (LA s 75 (1)) sch 1 pt 1.11 commenced 21 December 2010 (s 2 (1)) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.159 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.159 commenced 1 July 2011 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2012 A2012-13 sch 1 pt 1.10 notified LR 11 April 2012 s 1, s 2 commenced 11 April 2012 (LA s 75 (1)) sch 1 pt 1.10 commenced 12 April 2012 (s 2 (1)) 4 Amendment history Titletitle sub A1998-1 s 4 am A2005-60 amdt 1.144 Name of Acts 1 am Ord1974-18 sub A2005-60 amdt 1.145 Dictionarys 2 orig s 2 om Ord1977-65 (prev s 3) am Ord1954-14 sch 4 sub Ord1962-7 sch 1 pt 2; Ord1974-18 s 2 am Ord1984-57 s 3 renum A2001-44 amdt 1.4121 defs reloc to dict A2005-60 amdt 1.148 sub A2005-60 amdt 1.149 am A2010-50 amdt 1.46 def Registrar ins A1990-28 s 4 om A1993-64 sch 1 Notess 2A ins A2005-60 amdt 1.149 Declaration of corresponding laws 3 orig s 3 renum as s 2 A2001-44 amdt 1.4121 ins A2001-44 amdt 1.4122 Registrars 3AA ins A1990-28 s 5 om A1993-64 sch 1 Seal of offices 3AB ins A1990-28 s 5 om A1993-64 sch 1 Delegation by the Treasurers 3A ins Ord1974-18 s 2 am Ord1974-57 s 2; Ord1982-51 s 2; Ord1988-17 sch 2; Ord1989-38 sch 1 om A2003-2 s 86 Unclaimed assets in hands of liquidators 4 sub Ord1974-18 s 3 am Ord1976-64; Ord1978-49; Ord1982-38 sch 4; Ord1982-51 s 2; Ord1984-57 s 4; Ord1989-38 sch 1; A1990-28 s 6; A1993-64 sch 1; A2002-27 s 78; A2005-60 amdt 1.150, amdt 1.151 Payments to people entitleds 5 am Ord1974-18 s 4; Ord1982-51 s 2; Ord1984-57 s 5; Ord1988-17 sch 2; Ord1989-38 sch 1; A2005-60 amdts 1.152-1.155 Meaning of company in pt 2s 5A hdg ins A1990-28 notess 5A ins Ord1982-38 s 32 am A1995-46 sch om A2005-60 amdt 1.156 Unclaimed amounts payable by companiespt 3 hdg sub A2005-60 amdt 1.157 Application--pt 3s 6 sub Ord1974-18 s 5 am A2005-60 amdt 1.158, amdt 1.159 Register of unclaimed amounts to be kepts 7 hdg sub A2005-60 amdt 1.160s 7 am Ord1966-19 (as am by Ord1967-36); A2001-44 amdt 1.4123, amdt 1.4124; A2005-60 amdt 1.161, amdt 1.162 Notice of particulars of register to be given to public trustees 8 am Ord1982-51 s 2 sub Ord1984-57 s 6 am A1990-28 s 6; A1993-64 sch 1 sub A2001-44 amdt 1.4125 am A2002-27 s 79 sub A2005-60 amdt 1.163 Failure to compile and publish registers 9 hdg sub A2001-44 amdt 1.4126s 9 am Ord1966-19 (as am by Ord1967-36);Ord1974-18 s 6; Ord1984-57 s 7; A1998-1 s 6; A2005-60 amdt 1.164, amdt 1.165 Payment of unclaimed amounts to Territorys 10 am Ord1974-18 s 7; Ord1984-57 s 8; Ord1989-38 sch 1; A2001-44 amdt 1.4127 sub A2005-60 amdt 1.166 Failure to pay unclaimed amountss 11 hdg sub A2005-60 amdt 1.167s 11 am Ord1966-19; Ord1974-18 s 8; Ord1984-57 s 9; Ord1989-38 sch 1; A1998-1 s 7; A2005-60 amdts 1.168-1.170 Examination of accounts etcs 12 am Ord1966-19; Ord1982-51 s 2; Ord1984-57 s 10; A1990-28 s 6; A1993-64 sch 1; A1998-1 s 8; A2002-27 s 80 om A2005-60 amdt 1.171 Payment of unclaimed amounts to claimantss 13 hdg sub A2005-60 amdt 1.172s 13 sub Ord1974-18 s 9 am Ord1982-51 s 2; Ord1984-57 s 11; Ord1988-17 sch 2; Ord1989-38 sch 1; A2005-60 amdts 1.173-1.176 Recovery of penaltiess 14 om A2005-60 amdt 1.177 Pt 3 does not apply to certain unclaimed amountss 15 sub A2005-60 amdt 1.178 Unclaimed superannuation benefitspt 4 hdg ins A1997-34 s 4 om A2010-50 amdt 1.47 Definitions--pt 4s 16 ins A1997-34 s 4 om A2010-50 amdt 1.47 def approved deposit fund ins A1997-34 s 4 sub A2005-60 amdt 1.179 om A2010-50 amdt 1.47 def Commonwealth Act ins A1997-34 s 4 om A2010-50 amdt 1.47 def eligibility age ins A1997-34 s 4 sub A1998-1 s 9 om A2010-50 amdt 1.47 def fund ins A1997-34 s 4 om A2010-50 amdt 1.47 def regulated superannuation fund ins A1997-34 s 4 sub A2005-60 amdt 1.180 om A2010-50 amdt 1.47 def unclaimed amount ins A1997-34 s 4 sub A2005-60 amdt 1.180 om A2010-50 amdt 1.47 Application--pt 4s 17 ins A1997-34 s 4 am A1998-1 s 10; A2005-60 amdt 1.181 om A2010-50 amdt 1.47 Unclaimed amounts for pt 4s 18 hdg sub A2005-60 amdt 1.182s 18 ins A1997-34 s 4 am A2005-60 amdt 1.183, amdt 1.184 om A2010-50 amdt 1.47 Deeming age or sexs 19 ins A1997-34 s 4 om A2010-50 amdt 1.47 Statement of unclaimed amountss 20 hdg sub A2005-60 amdt 1.185s 20 ins A1997-34 s 4 am A2001-44 amdts 1.4128-1.4130; ss renum R3 LA (see A2001-44 amdt 1.4131); A2005-60 amdt 1.186 om A2010-50 amdt 1.47 Payment of unclaimed amounts to Ministers 21 hdg sub A2005-60 amdt 1.187s 21 ins A1997-34 s 4 am A1998-1 s 11 om A2010-50 amdt 1.47 Discharge of trustee from liabilitys 22 ins A1997-34 s 4 om A2010-50 amdt 1.47 Payment to person entitleds 23 ins A1997-34 s 4 am A2001-44 amdts 1.4132-1.4134; A2005-60 amdt 1.188 om A2010-50 amdt 1.47 Repayment of excess amountss 24 hdg sub A2005-60 amdt 1.189s 24 ins A1997-34 s 4 om A2010-50 amdt 1.47 Register of amounts received by Ministers 25 hdg sub A2005-60 amdt 1.190s 25 ins A1997-34 s 4 am A2005-60 amdt 1.191 om A2010-50 amdt 1.47 Unclaimed RSA moneypt 5 hdg ins A1998-1 s 12 Definitions--pt 5s 26 ins A1998-1 s 12 def Commonwealth Act ins A1998-1 s 12 def holder ins A1998-1 s 12 sub A2005-60 amdt 1.192 def RSA ins A1998-1 s 12 sub A2005-60 amdt 1.192 def RSA provider ins A1998-1 s 12 sub A2005-60 amdt 1.192 def unclaimed RSA money ins A1998-1 s 12 Application of pt 5s 27 ins A1998-1 s 12 Statement of unclaimed RSA moneys 28 ins A1998-1 s 12 am A2001-44 amdts 1.4135-1.4137; ss renum R3 LA (see A2001-44 amdt 1.4138) Payment of unclaimed RSA money to Ministers 29 ins A1998-1 s 12 Discharge of RSA provider from liabilitys 30 ins A1998-1 s 12 Payment to applicants 31 ins A1998-1 s 12 am A2001-44 amdts 1.4139-1.4141 Repayment of excess amounts 32 ins A1998-1 s 12 Register of unclaimed RSA money receiveds 33 ins A1998-1 s 12 Miscellaneouspt 6 hdg ins A2010-50 amdt 1.48 exp 21 March 2011 (s 37) ins A2012-13 amdt 1.43 Unclaimed money registers 33A ins A2012-13 amdt 1.43 Determination of feess 34 ins A2001-44 amdt 1.4142 Approved formss 35 ins A2001-44 amdt 1.4142 Transitional--payment of money to the Commissioner of Taxations 36 ins A2010-50 amdt 1.48 exp 21 March 2011 (s 37) Expiry--pt 6s 37 ins A2010-50 amdt 1.48 exp 21 March 2011 (s 37) The Scheduleshdg om A2001-44 amdt 1.4143 First Schedule am A1974-18 s 10 om A2001-44 amdt 1.4144 Second Schedule am Ord1974-18 s 11; Ord1984-57 s 12 om A2001-44 amdt 1.4144 Dictionarydict ins A2005-60 amdt 1.193 def approved deposit fund ins A2005-60 amdt 1.193 om A2010-50 amdt 1.49 def Commonwealth Act ins A2005-60 amdt 1.193 sub A2010-50 amdt 1.50 def company am Ord1982-38 sch 4; Ord1984-57 s 3; A1993-64 sch 1; A1995-46 sch; A2002-45 amdt 6.8 sub A2005-60 amdt 1.146 reloc from s 2 A2005-60 amdt 1.148 def corresponding law am Ord1982-51 s 2; Ord1988-17 sch 2 sub A2001-44 amdt 1.4120 reloc from s 2 A2005-60 amdt 1.148 def data processing device ins A1998-1 s 5 reloc from s 2 A2005-60 amdt 1.148 def eligibility age ins A2005-60 amdt 1.193 om A2010-50 amdt 1.51 def fund ins A2005-60 amdt 1.193 om A2010-50 amdt 1.51 def half year ins A1998-1 s 5 reloc from s 2 A2005-60 amdt 1.148 def holder ins A2005-60 amdt 1.193 def registered office ins A1998-1 s 5 sub A2005-60 amdt 1.147 reloc from s 2 A2005-60 amdt 1.148 def regulated superannuation fund ins A2005-60 amdt 1.193 om A2010-50 amdt 1.51 def RSA ins A2005-60 amdt 1.193 def RSA provider ins A2005-60 amdt 1.193 def trust account ins A1998-1 s 5 reloc from s 2 A2005-60 amdt 1.148 am A2011-22 amdt 1.447 def unclaimed amount ins A2005-60 amdt 1.193 sub A2010-50 amdt 1.52 def unclaimed RSA money ins A2005-60 amdt 1.193 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A1990-28 31 May 1991 2 A1997-34 30 June 1997 3 A2001-44 24 January 2002 4 A2002-27 7 October 2002 5 A2003-2 31 March 2003 6 A2003-2 5 June 2003 7 A2005-60 22 December 2005 8 A2010-50 21 December 2010 9 A2010-50 22 March 2011 10 A2011-22 1 July 2001 (c) Australian Capital Territory 2012 UNCLAIMED MONEY ACT 1950 - NOTES Australian Capital Territory A1950-15 Republication No 11 Effective: 12 April 2012 Republication date: 12 April 2012 Last amendment made by A2012-13 Unauthorised version prepared by ACT Parliamentary Counsel's OfficeAbout this republication The republished law This is a republication of the Unclaimed Money Act 1950 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 April 2012 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 April 2012 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Unclaimed Money Act 1950 Endnotes16 Australian Capital Territory Unclaimed Money Act 1950