UNCLAIMED MONEY ACT 1995 - As at 1 August 2023 - Act 75 of 1995
- As at 1 August 2023
- Act 75 of 1995
Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Definitions
- 4 Operation on account
- 5 Money held by enterprise
- 6 Act binds Crown
PART 2 - UNCLAIMED MONEY
- 6A Part does not apply to unclaimed agent trust money
- 7 Unclaimed money
- 8 Money that may constitute unclaimed money
- 8A Enterprise must first make reasonable efforts to ensure owner is paid money
- 9 Certain money not unclaimed money
- 9A Definitions
- 9B Unclaimed trust money held by licensee
- 9C Unclaimed trust money held by former licensee or personal representative
- 9D Regulations
PART 3 - PAYMENT OF UNCLAIMED MONEY TO CHIEF COMMISSIONER
- 10 Return and payment of unclaimed money to Chief Commissioner
- 11 Copies and inspection of returns
- 12 Publication of information relating to unclaimed money
- 13 Liability in respect of unclaimed money
PART 3A - UNCLAIMED SUPERANNUATION BENEFITS
Division 2 - Unclaimed superannuation benefits
- 13B Return and payment of unclaimed superannuation benefits to Chief Commissioner
13BA. (Repealed)
- 13C Copies and inspection of returns
- 13D Publication of information relating to unclaimed benefits
- 13E Payment of unclaimed benefits where money later claimed
- 13F Chief Commissioner must repay excess
- 13G Appropriation
- 13H Register of unclaimed superannuation benefits
13HA. (Repealed)
- 13I Discharge of liability
- 13J Public sector superannuation provider not in breach of trust
Division 3 - Application of Part
- 13K Part applies to NSW public sector superannuation schemes
13L. (Repealed)
- 13M Deduction of tax from payments
PART 4 - CLAIMS FOR AND REPAYMENT OF UNCLAIMED MONEY
- 14 Definition
- 15 Owner's entitlement to recovery
- 16 Extinguishment of entitlement
- 17 Application for repayment
- 18 Time for application
- 19 Onus on applicant
- 20 Standard of proof
- 21 Notice of determination
22, 23. (Repealed)
- 24 Chief Commissioner may repay unclaimed money to owner
- 25 Chief Commissioner may repay unclaimed money not required to be paid to Chief Commissioner
- 25A Enterprise entitled to recover money from Chief Commissioner in certain cases
- 26 Appropriation
- 26A Recovery of money wrongly paid
PART 5 - MISCELLANEOUS
- 27 Application of certain provisions of Taxation Administration Act 1996
- 28 General power to make assessment
- 29 Enterprises and public sector superannuation providers that are not natural persons
- 30 Annotation of records
- 31 Disclosure of certain information prohibited
- 32 Chief Commissioner may process unclaimed money claims under other Acts
33-45. (Repealed)
- 46 Liability of officers for offences by enterprises
- 47 Proceedings
- 48 Lodgment with Chief Commissioner
- 49 Other laws not affected
- 50 Regulations
- 51 Repeal
52. (Repealed)
- 53 Savings, transitional and other provisions
- 54 Review of Act
Schedule 1 (Repealed)