New South Wales Consolidated Acts

FUNERAL FUNDS ACT 1979 - SECT 119

119 Distribution of repayment fund among subscribers

(1) All money standing to the credit of a repayment fund established under section 117 (1) shall from time to time be distributed by the Director-General among the persons who paid money or gave any other valuable consideration under the cancelled contracts in respect of which that repayment fund was established in the same proportion as the amount of money paid by those persons or the value of the other valuable consideration given by those persons.

(2) If the Director-General cannot, after due inquiry, ascertain the whereabouts of a person who is entitled to a payment of money from the repayment fund under subsection (1), the Director-General:

(a) is not required to make that payment, and

(b) may:

(i) make any distribution under that subsection without regard to any claim by that person,

(ii) pay the money to the Treasurer for the use of the public revenue, or

(iii) distribute part of the money under subparagraph (i) and pay part of the money to the Treasurer under subparagraph (ii).

(3) Sections 9 and 10 of the Unclaimed Moneys Act 1917 shall apply to money paid to the Treasurer under subsection (2) in the same way as they apply to unclaimed money within the meaning of that Act.