UNCLAIMED MONEY ACT 1995 - As at 1 August 2023 - Act 75 of 1995
UNCLAIMED MONEY ACT 1995
- As at 1 August 2023
- 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 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
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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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