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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

PART 2A - TRUST MONEY UNDER PROPERTY AND STOCK 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

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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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)

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