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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 1341 Disposition of money in unclaimed money account

CORPORATIONS ACT 2001 No. 50, 2001 - SECT 1341

Disposition of money in unclaimed money account

(1) If money is not paid out of an unclaimed money account in accordance with this section or subsection 1339(3) within 6 years after it was originally paid into such an account under subsection 1339(2), it must be paid into the Consolidated Revenue Fund. (2) If:

(a)
a person claims to be entitled to money paid into an unclaimed money account under subsection 1339(2); and

(b)
ASIC is satisfied that the person is entitled to the money;

ASIC must:

(c)
unless paragraph (d) applies—pay the money to the person out of the relevant unclaimed money account; or

(d)
if the money has been paid into the Consolidated Revenue Fund under subsection (1)—pay an equivalent amount to the person out of money appropriated by the Parliament for the purpose.

(3) A person who is dissatisfied with the decision of ASIC in respect of a claim made by the person in accordance with subsection (2) may appeal to the Court and the Court may confirm, disallow or vary the decision of ASIC. (4) Where a person claims to be entitled to money that has been paid to another person in accordance with this section, ASIC is not under any liability to that first-mentioned person in respect of that money, but, if the first-mentioned person is entitled to that money, that person may recover that money from the other person. (5) Where a person claims to be entitled to money, being money an amount equivalent to which has been paid to another person in accordance with subsection (2) out of money appropriated by the Parliament for the purpose, ASIC is not under any liability to that first-mentioned person in respect of that money, but, if the first-mentioned person is entitled to that money, that person may recover that equivalent amount from the other person.