New South Wales Consolidated Acts

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UNCLAIMED MONEY ACT 1995

- As at 11 May 2016
- Act 75 of 1995

TABLE OF PROVISIONS

           Long Title

   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

   PART 2A - TRUST MONEY UNDER PROPERTY, STOCK AND BUSINESS AGENTS ACT 2002

   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 1 - Definitions

   13A.    Definitions

           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   (Repealed)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   (Repealed)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    (Repealed)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 (Repealed)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)
           SCHEDULE 2


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