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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Unclaimed Money Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
PART 2--ADMINISTRATION 9
4 Registrar of Unclaimed Money 9
5 Deputy Registrar of Unclaimed Money 9
6 Delegation 10
7 Provision of staff 10
8 Use of consultants and contractors 10
9 Authorised officers 10
10 Identity cards 11
PART 3--BUSINESS AND TRUSTEES 12
Division 1--Obligations of business in respect of unclaimed money 12
11 Business to keep business register 12
12 Payment of unclaimed money to Registrar and lodgement of
return 13
Division 2--Obligations of trustees in respect of unclaimed trust
property 14
13 Definitions 14
14 Unclaimed trust property 15
15 Application for extension of time by trustee 16
16 Registrar's decision in respect of extension of time application 17
Division 3--Offences for failure to meet obligations in respect of
unclaimed money 17
17 Requirements of business in respect of business register 17
18 Requirements of business in respect of payment to Registrar
and lodgement of return 18
19 Obligations of trustee in respect of unclaimed trust property 18
20 Requirement to keep proper records 18
561185B.I-27/5/2008 i BILL LA INTRODUCTION 27/5/2008
Clause Page
21 Inclusion of false or misleading information in records 19
22 Accessibility of records 19
23 Form of record--English language 20
24 Period of retention 20
25 Giving false or misleading information to an authorised person 20
26 Offences by persons involved in management of bodies
corporate 21
27 Offences by partnership or unincorporated association 22
PART 4--REGISTRAR'S OBLIGATIONS AND POWERS IN
RESPECT OF UNCLAIMED MONEY 23
Division 1--Registrar's obligations in respect of unclaimed money 23
28 Unclaimed money register 23
29 Business or trustee may apply for repayment of unclaimed
money 24
30 Determination of application by Registrar 24
31 Business or trustee cannot make application in certain
circumstances 25
32 Registrar may repay unclaimed money not required to be paid
to the Registrar 25
33 Registrar may pay owner 25
34 Registrar may recover an amount payable as debt due to the
State 26
35 Registrar may enter into arrangement with business or trustee 26
Division 2--Assessment and reassessment 26
36 General power to make assessment 26
37 Reassessment 27
38 Information on which assessment or reassessment is made 28
39 Withdrawal of assessment or reassessment 28
40 Notice of assessment or reassessment or withdrawal of
assessment or reassessment 28
41 Inclusion of interest and penalty in notice of assessment or
reassessment 29
42 Validity of assessment or reassessment 29
Division 3--Interest 29
43 Interest in respect of default by business or trustee 29
44 Interest rate 29
45 Minimum amount of interest 30
46 Interest rate to prevail over interest otherwise payable on a
judgment debt 30
47 Remission of interest 30
561185B.I-27/5/2008 ii BILL LA INTRODUCTION 27/5/2008
Clause Page
Division 4--Penalty 31
48 Penalty in respect of certain defaults 31
49 Amount of penalty 31
50 Reduction in penalty for disclosure before or during
investigation 32
51 Increase in penalty for concealment 33
52 Minimum amount of penalty 34
53 Time for payment of penalty 34
54 Remission of penalty 34
Division 5--Interest and penalty not to be deducted from unclaimed
money 34
55 Interest or penalty not to be deducted from unclaimed money
payable to an owner or the Registrar 34
PART 5--OBJECTIONS, REVIEWS AND APPEALS 35
Division 1--Objections, reviews and appeals 35
56 Objections 35
57 Determination of objection 36
58 Suspension of determination 36
59 Right of review or appeal 36
60 Request for further and better particulars 37
61 Grounds of review or appeal 38
62 Onus on review or appeal 38
63 Referral to VCAT 38
64 Court appeals 38
65 Giving effect to decision on review or appeal 39
Division 2--Refund of amounts and payment of interest following
a successful objection, review or appeal 39
66 Refund of amount 39
67 Payment of interest 39
PART 6--INVESTIGATION, SECRECY AND GENERAL
UNCLAIMED MONEY PROVISIONS 41
Division 1--Investigations 41
68 Authorised investigations 41
69 Power of investigation 41
70 Powers of entry, search and inspection 42
71 Search warrant 44
72 Announcement before entry 45
73 Copy of warrant to be given to occupier 46
74 Protection against self-incrimination 46
75 Cross-border investigation 47
561185B.I-27/5/2008 iii BILL LA INTRODUCTION 27/5/2008
Clause Page
Division 2--Secrecy 47
76 Prohibition on certain disclosures of information by authorised
persons 47
77 Permitted disclosures to particular persons 47
78 Permitted disclosures of a general nature 49
79 Prohibition on secondary disclosures of information 49
80 Further restrictions on disclosure 49
Division 3--General unclaimed money provisions 50
81 Persons not required by this Act may pay unclaimed money to
Registrar 50
82 Person to whom section 81 applies may apply to Registrar for
repayment of unclaimed money 50
83 Evidence of assessment or reassessment 51
84 Certificate is evidence 51
85 Time for commencing proceedings for offences under this Act
extended 52
PART 7--MONEY PAID INTO COURT 53
86 Money paid into Court 53
87 Payment of unclaimed money into Court into Consolidated
Fund 53
88 Proper officer may convert security and Court may make
vesting orders 55
89 Provision for claims made after payment into Consolidated
Fund 55
PART 8--UNCLAIMED SUPERANNUATION BENEFITS 57
90 Definitions 57
91 Application of Part 59
92 Power of Minister to pay or refund amounts 59
93 Register of unclaimed superannuation benefits 61
94 Registrar may advertise details of unclaimed superannuation
benefits 61
95 Transfer of existing stock of unclaimed superannuation benefits
to Commonwealth 62
PART 9--GENERAL 63
96 Actions done in good faith 63
97 Trustee not in breach of trust 63
98 The Consolidated Fund 63
99 Service of documents on Registrar 63
100 Day of service of document or payment of money 64
561185B.I-27/5/2008 iv BILL LA INTRODUCTION 27/5/2008
Clause Page
101 Service of documents by Registrar 64
102 When is service effective? 65
103 Regulations 66
PART 10--REPEAL, TRANSITIONAL AND AMENDMENT
PROVISIONS 67
104 Repeal and transitional provisions 67
105 Amendments to the Victorian Civil and Administrative
Tribunal Act 1998 68
91A Reference to Commissioner to be construed as
Registrar in some circumstances 69
PART 11--CONSEQUENTIAL AMENDMENTS 70
106 Amendments to the Disposal of Uncollected Goods Act 1961 70
107 Amendment to the Domestic (Feral and Nuisance) Animals
Act 1994 70
108 Amendment to the Environment Protection Act 1970 71
109 Amendments to the Estate Agents Act 1980 71
110 Amendment to the Financial Management Act 1994 71
111 Amendment to the Impounding of Livestock Act 1994 71
112 Amendment to the Infringements Act 2006 71
113 Amendments to the Landlord and Tenant Act 1958 71
114 Amendments to the Residential Tenancies Act 1997 72
115 Amendments to the Transport Act 1983 72
116 Amendments to the Warehousemen's Liens Act 1958 73
PART 12--REPEAL 74
117 Repeal of section 105, Part 11 and this Part 74
ENDNOTES 75
561185B.I-27/5/2008 v BILL LA INTRODUCTION 27/5/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Unclaimed Money Bill 2008
A Bill for an Act to re-enact with amendments the law relating to
unclaimed money, to repeal the Unclaimed Moneys Act 1962 and for
other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is--
(a) to re-enact with amendments the law relating
5 to unclaimed money so as to continue to
provide for--
(i) the collection and safekeeping of
unclaimed money and unclaimed
superannuation benefits;
561185B.I-27/5/2008 1 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 1--Preliminary
s. 2
(ii) the collection of information needed to
identify and locate the owner of
unclaimed money;
(iii) the keeping of registers of details
5 (including business registers, the
unclaimed money register and the
register of unclaimed superannuation
benefits) relating to unclaimed money
and unclaimed superannuation benefits
10 so that the owner can be identified and
located;
(iv) the publication of sufficient information
for the purposes of identifying and
locating the owner of unclaimed money
15 and unclaimed superannuation benefits;
(v) the payment, into the Consolidated
Fund, of money paid into Court which
is unclaimed;
(b) to repeal the Unclaimed Moneys Act 1962.
20 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 January 2009, it comes into
25 operation on that day.
3 Definitions
(1) In this Act--
amount payable means the amount due and
payable to the Registrar by a business or
30 trustee under Parts 3 and 4;
assessment means an assessment made by the
Registrar under section 36 of an amount
payable;
561185B.I-27/5/2008 2 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 1--Preliminary
s. 3
authorised investigation means an investigation
authorised under Division 1 of Part 6;
authorised officer means a person appointed by
the Registrar to be an authorised officer
5 under section 9;
authorised person means--
(a) an authorised officer;
(b) any other person engaged (whether as
an officer or employee or otherwise) in
10 the administration of this Act;
business means any person carrying on business
in Victoria including--
(a) a corporation within the meaning of the
Corporations Act;
15 (b) a Council within the meaning of the
Local Government Act 1989;
(c) a public hospital within the meaning of
the Health Services Act 1988;
(d) a co-operative within the meaning of
20 the Co-operatives Act 1996;
(e) a society within the meaning of the
Co-operative Housing Societies Act
1958;
(f) a partnership, including a limited
25 partnership;
(g) a trustee company within the meaning
of the Trustee Companies Act 1984;
(h) a law practice within the meaning of
the Legal Profession Act 2004;
30 (i) any body, whether or not incorporated,
prescribed to be a business;
561185B.I-27/5/2008 3 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 1--Preliminary
s. 3
business register means a register of unclaimed
money that a business must establish under
section 11;
corresponding law means an Act of another State
5 or a Territory which is in relation to
unclaimed money;
Court means--
(a) other than in sections 46, 80 and Part 7,
the Supreme Court;
10 (b) in sections 46, 80 and Part 7, the
Supreme Court, County Court or
Magistrates' Court;
default means a failure by a business or trustee to
pay an amount payable;
15 Deputy Registrar means the person appointed as
Deputy Registrar of Unclaimed Money under
section 5;
money paid into Court has the meaning given by
section 86;
20 objector means a person who lodges an objection
under section 56(1);
owner, other than in Part 8, means the person
entitled to any unclaimed money including--
(a) the person's executors, administrators
25 or assignees; or
(b) the person's lawful attorney or agent;
person includes a body or association (corporate
or unincorporate) and a partnership,
including a firm;
30 premises includes land, a vehicle, a vessel and an
aircraft;
prescribed means prescribed by the regulations;
561185B.I-27/5/2008 4 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 1--Preliminary
s. 3
proper officer, in relation to--
(a) the Supreme Court, means the
Prothonotary;
(b) the County Court, means the registrar,
5 deputy registrar, or other officer of the
County Court;
(c) the Magistrates' Court, means the
principal registrar, registrar or deputy
registrar of the Magistrates' Court;
10 reasonable expenses of a business in holding
unclaimed money and locating the owner
include--
(a) bank fees, stationary and postage; and
(b) any other expenses of a kind
15 determined by the Registrar under
subsection (2);
reassessment means a reassessment made by the
Registrar under section 37 of an amount
payable;
20 Registrar means the person appointed as Registrar
of Unclaimed Money under section 4;
Secretary means Secretary to the Department of
Treasury and Finance;
trustee includes an executor, an administrator or a
25 trustee company within the meaning of the
Trustee Companies Act 1984;
unclaimed money means--
(a) principal, interest, dividends, bonuses,
profits, salaries, wages and any other
30 sums of money that are legally payable
to the owner and that have remained
unpaid for not less than 12 months after
that money become payable; or
561185B.I-27/5/2008 5 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 1--Preliminary
s. 3
(b) money that has been converted from
unclaimed trust property within the
meaning of section 14 by a trustee after
the expiration of the required period
5 under Division 2 of Part 3--
other than any amount the value of which is
less than $20 or the prescribed amount
(whichever is higher);
unclaimed money register means the unclaimed
10 money register kept by the Registrar under
section 28.
(2) For the purposes of the definition of reasonable
expenses of a business in holding unclaimed
money and locating the owner in subsection (1),
15 the Registrar may determine and specify, by
instrument published in the Government Gazette,
the kinds of expenses that are reasonable
expenses.
(3) For the purposes of the definition of owner and
20 paragraph (a) of the definition of unclaimed
money in subsection (1), in determining if a
person is entitled to money or if money is legally
payable to the owner, no account is taken of
whether or not--
25 (a) the owner is required to take any action by
way of demand or otherwise to claim or
recover the money; or
(b) there is or has been any shift in entitlement
to the money accompanied by an
30 arrangement or undertaking (whether
enforceable or not) to pay the owner if the
owner subsequently makes a claim.
561185B.I-27/5/2008 6 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 1--Preliminary
s. 3
(4) Despite subsection (3) and subject to subsection
(5), money is not unclaimed money at any
particular time if, at that time, the business
holding the money knows or has reason to believe
5 that the owner of the money wishes the business
to continue to hold the money.
(5) For the purposes of subsection (4), a business does
not have reason to believe that an owner wishes
the business to continue to hold the money
10 because the owner does not respond to a
communication from the business (or does not
respond as specified in the communication), even
if the terms of the communication suggest that the
owner's failure to respond indicates such a wish.
15 (6) For the purposes of subsections (4) and (5), if it is
necessary to establish the belief of a business, it is
sufficient to show that--
(a) in the case of a business that is a body
corporate--
20 (i) an employee or agent of the body
corporate holds the belief; or
(ii) a person concerned in the management
of the body corporate within the
meaning of section 26(5) holds the
25 belief;
(b) in the case of a business that is a partnership,
firm, unincorporated body or association, a
person who is an employee, agent or member
of the partnership, firm, unincorporated body
30 or association holds the belief.
(7) A reference in this Act to a business holding
unclaimed money, being a business that is a law
practice within the meaning of the Legal
Profession Act 2004 includes a reference to that
35 law practice holding unclaimed money in its trust
account.
561185B.I-27/5/2008 7 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 1--Preliminary
s. 3
(8) A reference in this Act to a business holding
unclaimed money includes a reference to the
business holding that money as a trustee.
__________________
561185B.I-27/5/2008 8 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 2--Administration
s. 4
PART 2--ADMINISTRATION
4 Registrar of Unclaimed Money
(1) The Secretary may appoint a Registrar of
Unclaimed Money who is employed under Part 3
5 of the Public Administration Act 2004 to--
(a) administer this Act and the regulations; and
(b) carry out the powers, duties or functions
conferred by this Act or the regulations on
the Registrar.
10 (2) The person assigned to the position of Registrar of
Unclaimed Moneys under section 10(1) of the
Unclaimed Moneys Act 1962 as in force
immediately before its repeal by section 104 is
taken to be, on and after the commencement of
15 section 104, the Registrar within the meaning of
this Act.
5 Deputy Registrar of Unclaimed Money
(1) The Secretary may appoint a Deputy Registrar of
Unclaimed Money who is employed under Part 3
20 of the Public Administration Act 2004.
(2) Subject to the direction and control of the
Registrar, the Deputy Registrar has the same
powers, duties or functions as the Registrar has
under this Act.
25 (3) The person assigned to the position of Deputy
Registrar of Unclaimed Moneys under section
10(2) of the Unclaimed Moneys Act 1962 as in
force immediately before its repeal by section 104
is taken to be, on and after the commencement of
30 section 104, the Deputy Registrar within the
meaning of this Act.
561185B.I-27/5/2008 9 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 2--Administration
s. 6
6 Delegation
The Registrar, by instrument, may delegate any
power, duty or function of the Registrar, other
than this power of delegation, to any person
5 employed or engaged in the administration of this
Act.
7 Provision of staff
There may be employed under Part 3 of the
Public Administration Act 2004 any employees
10 that are necessary to assist the Registrar in the
performance of his or her powers, duties or
functions under this Act and the regulations.
8 Use of consultants and contractors
The Registrar may engage any consultants and
15 contractors that may be necessary or convenient to
enable the Registrar to perform his or her
functions.
9 Authorised officers
(1) The Registrar is an authorised officer for the
20 purposes of carrying out investigations under
Division 1 of Part 6.
(2) The Registrar may by instrument appoint a person
to be an authorised officer for the purposes of
carrying out investigations under Division 1 of
25 Part 6.
(3) The Registrar must not appoint a person to be an
authorised officer under this section unless the
Registrar is satisfied that the person is suitably
qualified or trained to be an authorised officer for
30 the purposes of carrying out investigations under
Division 1 of Part 6.
561185B.I-27/5/2008 10 BILL LA INTRODUCTION 27/5/2008
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Part 2--Administration
s. 10
(4) An appointment of a person to be an authorised
officer may--
(a) specify the powers, duties or functions under
this Act or the regulations to which it relates;
5 and
(b) be made subject to any conditions that the
Registrar considers to be appropriate.
10 Identity cards
(1) The Registrar must issue an identity card to each
10 authorised officer appointed by the Registrar.
(2) An identity card issued to an authorised officer
under this section must--
(a) contain a photograph of the authorised
officer; and
15 (b) contain the signature of the authorised
officer; and
(c) contain a statement that the person is an
authorised officer for the purposes of the
Act;
20 (d) be signed by the Registrar.
__________________
561185B.I-27/5/2008 11 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 3--Business and Trustees
s. 11
PART 3--BUSINESS AND TRUSTEES
Division 1--Obligations of business in respect of unclaimed
money
11 Business to keep business register
5 (1) A business that holds unclaimed money within the
meaning of paragraph (a) of the definition of
unclaimed money in section 3(1) must--
(a) establish a business register of unclaimed
money, in the prescribed form at, or readily
10 accessible from, its principal office or place
of business in Victoria; and
(b) by 31 March each year, enter in the business
register the prescribed details in relation to
unclaimed money held as at 1 March in that
15 year.
Note
Failure to comply with this subsection is an offence--see
section 17.
(2) The entry of details of unclaimed money in the
20 business register does not affect or prejudice the
rights of the owner of the unclaimed money and
the owner may recover the unclaimed money from
the business at any time before it is paid to the
Registrar under section 12.
25 (3) A business may deduct out of unclaimed money
payable to an owner an amount in respect of the
reasonable expenses of a business in holding
unclaimed money and locating the owner.
561185B.I-27/5/2008 12 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 3--Business and Trustees
s. 12
12 Payment of unclaimed money to Registrar and
lodgement of return
(1) On or before 31 May each year (or the later date
approved in writing by the Registrar in any
5 particular case), a business that held unclaimed
money on 1 March of that year must--
(a) pay to the Registrar an amount equal to all
amounts of unclaimed money held on that
1 March less any amounts that have been
10 paid to the owner and any amounts deducted
under subsection (3) or section 11(3); and
(b) lodge a return with the Registrar in the form
and manner determined by the Registrar.
Note
15 Failure to comply with this subsection is an offence--see
section 18.
(2) The return must include--
(a) the details included in the business register
of all unclaimed money paid to the Registrar
20 under subsection (1)(a); and
(b) a statement of compliance, in the form
approved by the Registrar, and signed by a
nominated officer of the business.
(3) A business may deduct out of unclaimed money
25 payable to the Registrar under this section an
amount equivalent to the reasonable expenses of a
business in holding unclaimed money and locating
the owner.
(4) On payment to the Registrar of an amount as
30 required by this section, a business is discharged
from further liability in respect of that amount.
(5) In this section, nominated officer of a business
means the officer or employee of the business
who is responsible for managing unclaimed
35 money held by the business.
561185B.I-27/5/2008 13 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 3--Business and Trustees
s. 13
Division 2--Obligations of trustees in respect of unclaimed
trust property
13 Definitions
(1) In this Division--
5 property includes--
(a) any estate, share or interest in real or
personal property;
(b) any debt or thing in action;
(c) any other right or interest, whether in
10 possession or not--
but does not include any money;
required period means a period of 6 years
commencing at the time the person entitled
to the property became entitled to have the
15 property transferred to them.
(2) For the purposes of the definition of required
period, in determining whether a person is entitled
to have property transferred to them, no account is
taken of whether or not--
20 (a) the person is required by the terms of the
trust to take any action by way of demand or
otherwise to have the property transferred to
them; or
(b) there is or has been any shift in entitlement
25 to the property accompanied by an
arrangement or undertaking (whether
enforceable or not) to pay the person if the
person subsequently makes a claim.
561185B.I-27/5/2008 14 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 3--Business and Trustees
s. 14
14 Unclaimed trust property
(1) Subject to subsection (2), if a trustee holds any
property that has not been claimed by the person
entitled to it for the required period, the trustee
5 must, within 12 months after the expiration of the
required period--
(a) sell, call in or otherwise convert the property
into unclaimed money within the meaning of
paragraph (b) of the definition of unclaimed
10 money in section 3(1); and
(b) pay the unclaimed money to the Registrar;
and
(c) lodge a statement with the Registrar giving
details of the estate or trust to which the
15 payment relates and of the details as known
to the trustee of the person entitled to the
property in respect of which the payment is
made.
(2) The Registrar may, on an application made under
20 section 15 by a trustee for an extension of time,
extend the time for--
(a) selling, calling in or converting property
under subsection (1)(a); and
(b) paying the unclaimed money to the Registrar
25 under subsection (1)(b); and
(c) lodging a statement with the Registrar under
subsection (1)(c)--
if the Registrar considers that there is good reason
to grant the extension.
30 (3) Subject to subsection (4), a trustee is not required
to comply with subsection (1) in respect of any
property at any particular time if, at that time, the
trustee (or an officer of the trustee if the trustee is
not a natural person) knows or has reason to
561185B.I-27/5/2008 15 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 3--Business and Trustees
s. 15
believe that the person entitled to the property
wishes the trustee to continue to hold the property.
(4) For the purposes of subsection (3), a trustee does
not have reason to believe that a person entitled to
5 property wishes the trustee to continue to hold the
property because the person does not respond to a
communication from the trustee (or does not
respond as specified in the communication), even
if the terms of the communication suggest that the
10 person's failure to respond indicates such a wish.
(5) Division 1 does not apply to a trustee who is
required to pay unclaimed money to the Registrar
under subsection (1).
15 Application for extension of time by trustee
15 (1) A trustee may apply to the Registrar for an
extension of time to--
(a) sell, call in or convert property under section
14(1)(a); and
(b) pay the unclaimed money to the Registrar
20 under section 14(1)(b); and
(c) lodge a statement with the Registrar under
section 14(1)(c).
(2) An application made by a trustee for an extension
of time must--
25 (a) be made no later than 12 months after the
expiration of the required period; and
(b) be in writing; and
(c) state in detail the reason or reasons why the
trustee requires an extension of time.
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Part 3--Business and Trustees
s. 16
16 Registrar's decision in respect of extension of time
application
(1) The Registrar must give notice in writing to the
trustee of his or her decision under
5 section 14(2)--
(a) within 60 days of receiving the application
made under section 15; or
(b) within another time frame agreed to by the
trustee.
10 (2) The Registrar's decision under section 14(2)
must--
(a) if an extension of time is granted, specify the
length of the extension; or
(b) if an extension of time is not granted, specify
15 the Registrar's reasons for not granting the
extension.
Division 3--Offences for failure to meet obligations in
respect of unclaimed money
17 Requirements of business in respect of business
20 register
If section 11(1) applies to a business, the business
must not, without reasonable excuse, fail to make
entries in the business register as required by
section 11(1).
25 Penalty: In the case of a natural person,
30 penalty units;
In the case of a body corporate,
60 penalty units.
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Part 3--Business and Trustees
s. 18
18 Requirements of business in respect of payment to
Registrar and lodgement of return
If section 12(1) applies to a business, the business
must not, without reasonable excuse, fail to pay an
5 amount to, or lodge a return with, the Registrar in
accordance with section 12(1).
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
10 120 penalty units.
19 Obligations of trustee in respect of unclaimed trust
property
A trustee to whom section 14(1) applies, must not,
without reasonable excuse, fail to comply with the
15 trustee's obligations under section 14(1).
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
120 penalty units.
20 20 Requirement to keep proper records
(1) A business is required to keep, or cause to be kept,
all records that are necessary to enable the
Registrar to verify entries made in the business
register, the return lodged under section 12(1)(b)
25 and any amount payable to the Registrar under
Parts 3 and 4.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
30 120 penalty units.
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Part 3--Business and Trustees
s. 21
(2) A trustee is required to keep, or cause to be kept,
all records that are necessary to enable the
Registrar to verify the statement lodged by the
trustee with the Registrar under section 14(1)(c)
5 and any amount payable to the Registrar under
Parts 3 and 4.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
10 120 penalty units.
21 Inclusion of false or misleading information in
records
A business or trustee must not intentionally or
negligently--
15 (a) make a record required to be made by this
Act; or
(b) include any information in a record required
to be made or kept by this Act--
that is false or misleading in a material particular.
20 Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
120 penalty units.
22 Accessibility of records
25 A business or trustee that is required by this Act to
keep a record must keep, or cause to be kept, the
record so that it is able to be readily produced to
the Registrar.
Penalty: In the case of a natural person,
30 30 penalty units;
In the case of a body corporate,
60 penalty units.
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Part 3--Business and Trustees
s. 23
23 Form of record--English language
A business or trustee that is required by this Act to
keep a record must keep, or cause to be kept, the
record in English or in a form that can be readily
5 converted or translated into English.
Penalty: In the case of a natural person,
30 penalty units;
In the case of a body corporate,
60 penalty units.
10 24 Period of retention
A business or trustee that is required by this Act to
keep a record must retain the record, or cause the
record to be retained, for not less than 5 years
after--
15 (a) the date it was made or obtained; or
(b) the date of completion of the return or
statement to which that record relates--
whichever is the later.
Penalty: In the case of a natural person,
20 60 penalty units;
In the case of a body corporate,
120 penalty units.
25 Giving false or misleading information to an
authorised person
25 A person must not intentionally or negligently--
(a) make a declaration or statement, orally or in
writing, to an authorised person that is false
or misleading in a material particular; or
(b) give information, orally or in writing, to an
30 authorised person that is false or misleading
in a material particular; or
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Part 3--Business and Trustees
s. 26
(c) omit from a declaration or statement made,
orally or in writing, to an authorised person
any matter or thing without which the
declaration or statement is false or
5 misleading in a material particular.
Penalty: In the case of a natural person,
60 penalty units;
In the case of body corporate,
120 penalty units.
10 26 Offences by persons involved in management of
bodies corporate
(1) If a body corporate, by act or omission,
contravenes a provision of this Act, a person who
is concerned in, or takes part in, the management
15 of the body corporate is, subject to subsection (2),
taken to have contravened the same provision.
(2) For the purposes of subsection (1), a person is not
taken to have contravened the provision if the
person gives evidence in the proceeding that--
20 (a) the body corporate contravened the provision
without the person's knowledge; or
(b) the person was not in a position to influence
the conduct of the body corporate in relation
to its contravention of the provision; or
25 (c) the person, if in such a position, used all due
diligence to prevent the contravention by the
body corporate.
(3) A person may be convicted of a contravention of a
provision of this Act whether or not the body
30 corporate has been convicted of its contravention.
(4) This section does not affect a liability imposed on
a body corporate for an offence committed by the
body corporate against this Act.
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Part 3--Business and Trustees
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(5) For the purposes of this section, the following
persons are persons who are concerned in, or take
part in, the management of a body corporate--
(a) a director of the body corporate;
5 (b) a secretary of the body corporate;
(c) a receiver and manager of property of the
body corporate;
(d) an official manager or deputy official
manager of the body corporate;
10 (e) a liquidator of the body corporate appointed
in a voluntary winding up of the body
corporate;
(f) a trustee or other person administering a
compromise or arrangement made between
15 the body corporate and another person or
other persons.
27 Offences by partnership or unincorporated
association
If this Act provides that a person, being a
20 partnership or an unincorporated association, is
guilty of an offence, that reference to the person--
(a) in the case of a partnership, is to be read as a
reference to each member of the partnership;
and
25 (b) in the case of an unincorporated association,
is to be read as a reference to each member
of the committee of management of the
association.
__________________
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Part 4--Registrar's Obligations and Powers in Respect of Unclaimed Money
s. 28
PART 4--REGISTRAR'S OBLIGATIONS AND POWERS IN
RESPECT OF UNCLAIMED MONEY
Division 1--Registrar's obligations in respect of unclaimed
money
5 28 Unclaimed money register
(1) The Registrar must keep an unclaimed money
register that contains--
(a) the details included in the returns under
section 12(2)(a) relating to unclaimed money
10 paid to the Registrar under section 12(1)(a);
and
(b) the details included in the statements under
section 14(1)(c) relating to unclaimed money
paid to the Registrar under section 14(1)(b).
15 (2) The unclaimed money register is to be in the form,
and kept in the manner, determined by the
Registrar.
(3) Subject to subsection (4), the Registrar must
advertise, publish or make publicly available--
20 (a) on the Internet in a searchable form updated
regularly; and
(b) in any other form the Registrar considers
appropriate--
the minimum amount of information on the
25 unclaimed money register that the Registrar
considers necessary and expedient to advertise,
publish or make publicly available for the
purposes of this Act.
(4) If the identity of the owner of unclaimed money is
30 unknown, the Registrar is not required to
advertise, publish or make publicly available
information from the unclaimed money register
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that is in respect of the unclaimed money of that
owner.
29 Business or trustee may apply for repayment of
unclaimed money
5 (1) Subject to section 31, if a business or trustee has
reason to believe that an overpayment of
unclaimed money was paid to the Registrar under
section 12 or 14, the business or trustee may apply
to the Registrar for repayment of the unclaimed
10 money.
(2) An application for repayment of unclaimed money
under subsection (1) must be--
(a) made within 5 years after the payment of
unclaimed money to the Registrar that is the
15 subject of the application; and
(b) in a form approved by the Registrar.
30 Determination of application by Registrar
(1) The Registrar must--
(a) consider an application made under section
20 29 within 60 days after receiving the
application; and
(b) give notice in writing to the applicant of his
or her decision to either--
(i) allow or allow in part, the application;
25 or
(ii) disallow the application; and
(c) give reasons for disallowing the application
or for allowing the application in part only.
(2) If the Registrar does not make a decision under
30 subsection (1) within 60 days after receiving the
application, the Registrar is taken to have made a
decision to disallow the application.
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31 Business or trustee cannot make application in
certain circumstances
A business or trustee cannot make an application
under section 29 for repayment of unclaimed
5 money paid to the Registrar under section 12 or 14
if the Registrar has previously served a notice of
assessment or reassessment on the business or
trustee that relates to the payment that would be
the subject of the application.
10 Note
A business or trustee may lodge a written objection to an
assessment or reassessment under Division 1 of Part 5.
32 Registrar may repay unclaimed money not required
to be paid to the Registrar
15 (1) If the Registrar decides to allow the application
under section 30 in whole or in part, the Registrar
must repay any amount of unclaimed money that
is in excess of the amount of unclaimed money
properly payable under this Act.
20 (2) Money repaid under subsection (1) may be repaid
to the business or trustee that paid the Registrar
under section 12 or 14 or to a person the Registrar
otherwise considers appropriate.
33 Registrar may pay owner
25 (1) The owner of unclaimed money may apply to the
Registrar for payment of unclaimed money paid to
the Registrar under section 12 or 14.
(2) An applicant bears the onus of establishing that
the applicant is the owner of the unclaimed money
30 to which the application relates.
(3) The Registrar may pay an applicant unclaimed
money paid to the Registrar under section 12 or 14
if the Registrar is satisfied that the applicant is the
owner of the unclaimed money.
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(4) The Registrar is, following a payment of
unclaimed money to an applicant under subsection
(3), discharged from any further liability with
respect to that unclaimed money.
5 (5) If a person (the subsequent claimant), claims to
be the owner of unclaimed money subsequent to a
successful application made by a person (the first
claimant) for that unclaimed money under
subsection (3), the subsequent claimant may have
10 recourse against the first claimant for the
unclaimed money paid to the first claimant by the
Registrar.
34 Registrar may recover an amount payable as debt
due to the State
15 The Registrar may recover an amount payable as a
debt due to the State.
35 Registrar may enter into arrangement with business
or trustee
(1) The Registrar may enter into an arrangement
20 (which may include provision for the payment of
interest) for payment of an amount payable.
(2) The Registrar may write off the whole or part of
an amount payable if satisfied that action, or
further action, to recover the amount outstanding
25 is impracticable or unwarranted.
Division 2--Assessment and reassessment
36 General power to make assessment
(1) The Registrar may make an assessment of an
amount payable in respect of a business or trustee.
30 (2) An assessment may consist of or include a
determination that there is not a particular amount
payable.
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37 Reassessment
(1) The Registrar may make one or more
reassessments of an amount payable in respect of
a business or trustee.
5 (2) A reassessment may consist of or include a
determination that there is not a particular amount
payable.
(3) Nothing prevents the Registrar--
(a) from making a reassessment of an amount
10 payable by a business or trustee after an
amount previously assessed as being payable
by the business or trustee has been paid by
that business or trustee; or
(b) from making a reassessment under which the
15 business or trustee is assessed as owing an
additional or greater amount than the amount
previously assessed.
(4) The Registrar cannot make a reassessment of an
amount payable more than 5 years after the initial
20 assessment, unless--
(a) the reassessment is to adjust the amount
payable to give effect to a decision on an
objection, review or appeal as to the initial
assessment; or
25 (b) at the time the initial assessment or a
reassessment was made, all the facts and
circumstances affecting the amount payable
by the business or trustee in respect of whom
the assessment or reassessment was made
30 were not fully and truly disclosed to the
Registrar.
(5) The time limited by subsection (4) applies even if
the initial assessment is withdrawn.
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38 Information on which assessment or reassessment is
made
(1) The Registrar may make an assessment or
reassessment on the information the Registrar has
5 from any source at the time the assessment or
reassessment is made.
(2) If the Registrar has insufficient information to
make an exact assessment or reassessment of an
amount payable, the Registrar may make an
10 assessment or reassessment by way of estimate.
39 Withdrawal of assessment or reassessment
The Registrar may withdraw an assessment or
reassessment at any time within 5 years after the
date of service of the notice of assessment or
15 reassessment, whether or not the amount payable
specified in the notice of assessment or
reassessment has been paid.
40 Notice of assessment or reassessment or withdrawal
of assessment or reassessment
20 (1) If the Registrar makes or withdraws an assessment
or reassessment, the Registrar must serve a notice
of assessment, reassessment or withdrawal on the
business or trustee.
(2) A notice of assessment or reassessment must--
25 (a) be expressed to be an assessment or
reassessment of an amount payable; and
(b) show the amount payable.
(3) An amount payable by the business or trustee
assessed in a notice of assessment or reassessment
30 is payable on or before the day specified by the
Registrar in the notice of assessment or
reassessment.
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41 Inclusion of interest and penalty in notice of
assessment or reassessment
A notice of assessment or reassessment of the
amount payable by the business or trustee served
5 following a default must specify any interest or
penalty payable by the business or trustee under
Division 3 or 4.
42 Validity of assessment or reassessment
The validity of an assessment or reassessment
10 made on a business or trustee is not affected
because a provision of this Act has not been
complied with.
Division 3--Interest
43 Interest in respect of default by business or trustee
15 (1) If a default occurs, the business or trustee is liable
to pay interest on the amount payable that remains
unpaid calculated on a daily basis from the end of
the last day for payment until the day it is paid at
the interest rate from time to time applying under
20 this Division.
(2) Interest is payable under subsection (1) in respect
of a default that consists of failure to pay a penalty
under Division 4 but is not payable in respect of
any failure to pay interest under this Division.
25 44 Interest rate
(1) The interest rate is the sum of--
(a) the market rate, being--
(i) unless an order is in force under
subparagraph (ii), the Bank Accepted
30 Bills rate; or
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s. 45
(ii) the rate specified for the time being by
order of the Minister published in the
Government Gazette; and
(b) the premium rate, being 8% per annum.
5 (2) The Bank Accepted Bills rate means in respect of
any day is the average of the daily yields for
90 day Bank Accepted Bills published by the
Reserve Bank of Australia for the month of May
in the financial year preceding the financial year
10 in which the day occurs.
(3) The Bank Accepted Bills rate must be rounded to
the second decimal place (rounding 0005
upwards).
45 Minimum amount of interest
15 A business or trustee is not liable under this Act to
pay an amount of interest if the amount of interest
is less than $20.
46 Interest rate to prevail over interest otherwise
payable on a judgment debt
20 If judgment is given by, or entered in, a Court for
an amount payable under this Act, the interest rate
determined in accordance with this Division
continues to apply, to the exclusion of any other
interest rate, until the amount payable is paid to
25 the Registrar.
47 Remission of interest
The Registrar, in such circumstances as the
Registrar considers appropriate, may remit interest
payable by a business or trustee under this
30 Division by any amount.
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Division 4--Penalty
48 Penalty in respect of certain defaults
(1) If a default occurs, the business or trustee is liable
to pay a penalty in addition to the amount payable
5 that remains unpaid.
(2) A penalty imposed under this Division is in
addition to interest.
(3) A penalty is not payable in respect of a default
that consists of a failure to pay--
10 (a) interest under Division 3; or
(b) a penalty previously imposed under this
Division.
49 Amount of penalty
(1) The amount of penalty payable in respect of a
15 default is 25% of the amount payable that remains
unpaid, subject to this Division.
(2) The Registrar may increase the amount of penalty
payable in respect of a default to 75% of the
amount payable that remains unpaid if the
20 Registrar is satisfied that the default was caused
wholly or partly by the intentional disregard by
the business or trustee (or a person acting on
behalf of the business or trustee) of this Act.
(3) The Registrar may determine that no penalty is
25 payable in respect of a default if the Registrar is
satisfied that--
(a) the business or trustee (or a person acting on
behalf of the business or trustee) took
reasonable care to comply with this Act; or
30 (b) the default occurred solely because of
circumstances beyond the control of the
business or trustee (or, if a person acted on
behalf of the business or trustee, because of
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s. 50
circumstances beyond either the person's or
the business's or trustee's control) but not
amounting to financial incapacity.
50 Reduction in penalty for disclosure before or during
5 investigation
(1) The amount of penalty determined under
section 49 is to be reduced by 80% if, before the
Registrar commences an investigation into a
known or suspected default by the business or
10 trustee, the business or trustee voluntarily
discloses to the Registrar in writing, sufficient
information to enable the nature and extent of the
default to be determined.
(2) The amount of penalty determined under
15 section 49 is to be reduced by 20% if, after the
Registrar commences an investigation into a
known or suspected default by the business or
trustee and before it is completed, the business or
trustee voluntarily discloses to the Registrar, in
20 writing, sufficient information to enable the nature
and extent of the default to be determined.
(3) Subsection (1) or (2) does not apply in respect of
information disclosed--
(a) by a business if the business was required to
25 lodge a return by 31 May under section 12
and--
(i) the default involved the failure to lodge
a return and pay the amount payable to
the Registrar by the date required by
30 section 12 or the later date approved by
the Registrar; or
(ii) in the case of a business which lodged a
return by the due date that disclosed a
liability to pay an amount, the default
35 involved the failure to pay the amount
payable by the date required by
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section 12 or the later date approved by
the Registrar;
(b) by a trustee if the trustee was required to,
within 12 months after the expiration of the
5 required period within the meaning of
section 14(1) or by the time extended by the
Registrar under section 14(2), pay unclaimed
money to the Registrar and include a
statement with details in respect of that
10 money and--
(i) the default involved the failure to pay
the unclaimed money and lodge a
statement in respect of the unclaimed
money by the time required under
15 section 14(1), or the extended time
allowed by the Registrar under
section 14(2);
(ii) in the case of a trustee who lodged the
statement with the Registrar within the
20 required time that disclosed a liability
to pay an amount of money converted
from property, the default involved the
failure to pay the amount of money by
the time required under section 14(1),
25 or the extended time allowed by the
Registrar under section 14(2).
51 Increase in penalty for concealment
(1) The amount of penalty determined under
section 49 is to be increased by 20% if, after the
30 Registrar commences an investigation into a
known or suspected default by the business or
trustee and before the investigation is completed,
the business or trustee took steps to prevent or
hinder the Registrar from becoming aware of the
35 nature and extent of the default in whole or part.
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(2) For the purposes of this section, a business or
trustee takes steps to prevent or hinder the
Registrar if the business or trustee--
(a) deliberately damages or destroys records to
5 which the investigation relates that are
required to be kept by this Act; or
(b) without reasonable excuse, refuses or fails to
comply with a requirement made by the
Registrar under Division 1 of Part 6; or
10 (c) hinders or obstructs an authorised officer
exercising functions under Division 1 of
Part 6.
52 Minimum amount of penalty
A penalty is not to be imposed if the amount of
15 the penalty is less than $20.
53 Time for payment of penalty
A penalty must be paid by a business or trustee
within the period specified for that purpose in a
notice of assessment or reassessment.
20 54 Remission of penalty
The Registrar, in such circumstances as the
Registrar considers appropriate, may remit the
penalty by any amount.
Division 5--Interest and penalty not to be deducted from
25 unclaimed money
55 Interest or penalty not to be deducted from
unclaimed money payable to an owner or the
Registrar
A business or trustee is not entitled to deduct the
30 amount of any interest or penalty payable under
this Part from the amount of unclaimed money
payable to any owner or the Registrar.
__________________
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Part 5--Objections, Reviews and Appeals
s. 56
PART 5--OBJECTIONS, REVIEWS AND APPEALS
Division 1--Objections, reviews and appeals
56 Objections
(1) A business or trustee that has been the subject of
5 an assessment or reassessment under Division 2 of
Part 4, or that is affected by a decision made by
the Registrar under section 30, may lodge a
written objection with the Registrar if the business
or trustee is dissatisfied with the Registrar's
10 assessment, reassessment or decision.
(2) The grounds for the objection must--
(a) be stated fully and in detail; and
(b) be in writing.
(3) The grounds for the objection, in the case of a
15 reassessment, may only relate to an amount
payable specified in the reassessment to the extent
that it is additional to, or greater than, the amount
payable under the previous assessment or
reassessment.
20 (4) On an objection, the objector has the onus of
proving the objector's case.
(5) The objection must be lodged with the Registrar
within 60 days after--
(a) service of the notice of assessment or
25 reassessment on the objector; or
(b) service of the notice of decision made under
section 30 on the objector.
(6) If the Registrar is satisfied that the business or
trustee has a reasonable excuse for failing to lodge
30 the objection within the 60 day period, the
Registrar may extend the time for lodging the
objection.
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(7) An objection is taken to have been lodged with the
Registrar when it is received by the Registrar.
57 Determination of objection
(1) The Registrar must--
5 (a) allow the objection in whole or in part; or
(b) disallow the objection.
(2) The Registrar may determine an objection that is
subject to a right of review or appeal at any time
before the hearing of the review or appeal
10 proceeding commences.
(3) The Registrar must give notice in writing to the
objector of the determination of the objection.
(4) The Registrar must, in the notice, give the reasons
for disallowing an objection or for allowing an
15 objection in part only.
58 Suspension of determination
(1) The Registrar may suspend the determination of
an objection for any period during which the
objector, or another person having information
20 relevant to the objection, fails to provide
information relevant to the objection that the
Registrar has requested.
(2) The Registrar must give the objector written
notice of the suspension and the suspension takes
25 effect on service of the notice.
59 Right of review or appeal
(1) This section applies if--
(a) an objector is dissatisfied with the Registrar's
determination of the objection; or
30 (b) 90 days (not including any period of
suspension under section 58) have passed
since the objection was received by the
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Registrar and the Registrar has not
determined the objection.
(2) If this section applies, the objector may, in
writing, request the Registrar to--
5 (a) refer the matter to VCAT; or
(b) treat the objection as an appeal and cause it
to be set down for hearing at the next sittings
of the Court.
(3) The objector's request--
10 (a) in the circumstances referred to in subsection
(1)(a), must be made within 60 days after the
date of service on the objector of the notice
of the Registrar's determination of the
objection; or
15 (b) in the circumstances referred to in subsection
(1)(b), may be made at any time after the
90 day period (not including any period of
suspension under section 58).
(4) Subject to section 60, within 60 days after the
20 request, the Registrar must refer the matter for
review or cause the objection to be set down for
hearing accordingly.
60 Request for further and better particulars
(1) Within 30 days after receiving a request to refer a
25 matter or treat an objection as an appeal, the
Registrar may require the objector to give further
and better particulars of the objection.
(2) If, within 30 days after giving the notice--
(a) particulars are given, the Registrar is not
30 bound to refer the matter or cause the
objection to be set down for hearing until
30 days after the Registrar has received full
details of the objection; or
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(b) particulars are not given, the Registrar must
not refer the matter or cause the objection to
be set down for hearing.
61 Grounds of review or appeal
5 On a review or an appeal--
(a) the objector's case is limited to the grounds
of the objection; and
(b) the Registrar's case is limited to the grounds
on which the objection was disallowed--
10 unless VCAT or the Court otherwise orders.
62 Onus on review or appeal
On a review or an appeal, the objector has the
onus of proving the objector's case.
63 Referral to VCAT
15 (1) VCAT must review a matter referred to it under
this Division and, subject to subsection (2), may
confirm, reduce, increase or vary the assessment,
reassessment or decision made under section 30.
(2) If the objector does not appear before VCAT,
20 VCAT must confirm the assessment, reassessment
or decision made under section 30.
(3) Despite subsection (2), if good cause is shown,
VCAT, within the prescribed time, may re-open
and review the matter.
25 64 Court appeals
(1) On the hearing of an appeal under this Division by
the Court, the Court may make any order it thinks
fit and may by order confirm, reduce, increase or
vary the assessment, reassessment or decision
30 made under section 30.
(2) The costs of the appeal are in the discretion of the
Court.
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65 Giving effect to decision on review or appeal
(1) Within 60 days after the decision on review or
appeal becomes final, the Registrar must take any
action that is necessary to give effect to it.
5 (2) If no appeal to a Court from--
(a) a decision of VCAT on a review; or
(b) a decision of the Court on an appeal--
is instituted within 30 days after the day on which
the decision is made, the decision is taken, for the
10 purposes of this section, to have become final at
the end of that period.
Division 2--Refund of amounts and payment of interest
following a successful objection, review or appeal
66 Refund of amount
15 If--
(a) the objector's objection to an assessment,
reassessment or decision made under section
30 is allowed in whole or in part; or
(b) an objector's review or appeal in respect of
20 an assessment, reassessment or decision
made under section 30 is upheld--
the Registrar must refund any amount paid that is
in excess of an amount required to be paid under
this Act.
25 67 Payment of interest
In addition to an amount refunded under this Part,
the Registrar is required to pay interest on the
amount calculated at the market rate referred to in
section 44(1)(a) on a daily basis from--
30 (a) the date of payment of the amount overpaid
that is refunded; or
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Part 5--Objections, Reviews and Appeals
s. 67
(b) the date on which the Registrar made the
assessment, reassessment or decision made
under section 30 to which the objection and
review or appeal relates--
5 whichever is the later, until the date of the refund.
__________________
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Part 6--Investigation, Secrecy and General Unclaimed Money Provisions
s. 68
PART 6--INVESTIGATION, SECRECY AND GENERAL
UNCLAIMED MONEY PROVISIONS
Division 1--Investigations
68 Authorised investigations
5 The Registrar may authorise an investigation
under this Division for the following purposes--
(a) to monitor compliance by a business and
trustees with this Act or a corresponding law;
(b) to investigate suspected offences under this
10 Act or a corresponding law;
(c) to investigate any other matter reasonably
related to the administration of this Act or a
corresponding law.
69 Power of investigation
15 (1) For the purposes of an authorised investigation,
the Registrar may, by written notice, require a
person--
(a) to give the Registrar written information
specified in the notice; or
20 (b) to attend at a specified time and place before
the Registrar or an authorised officer to
answer questions relevant to the
investigation; or
(c) to produce a document to the Registrar at a
25 specified time and place.
(2) The Registrar may require information or
evidence that is not given orally to be provided in
the form of, or verified by, a statutory declaration.
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(3) The Registrar may require evidence that is given
orally to be given on oath and for that purpose the
Registrar or an authorised officer may administer
an oath.
5 (4) The person to whom the notice is given must
comply with the notice within the period specified
in the notice or any extended period allowed by
the Registrar.
Penalty: In the case of a natural person,
10 60 penalty units;
In the case of a body corporate,
120 penalty units.
70 Powers of entry, search and inspection
(1) An authorised officer may, for the purposes of an
15 authorised investigation, exercise any of the
following powers--
(a) inspect premises and any thing found at the
premises;
(b) require a person to produce a document
20 relevant to the authorised investigation for
inspection and (if necessary) to operate a
computer or other device in which
information is stored to produce a document
in understandable form;
25 (c) retain a document for inspection, to make a
copy of it, or to take extracts from it;
(d) require a person to answer questions relevant
to the authorised investigation;
(e) require a person to give the authorised
30 officer any other assistance that may be
reasonable in the circumstances to carry out
the authorised investigation.
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(2) An authorised officer may enter premises for the
purposes of an authorised investigation--
(a) with the consent of the occupier; or
(b) on the authority of a warrant issued under
5 section 71.
(3) An occupier who consents in writing to entry,
search and inspection of his or her premises under
this section must be given a copy of the signed
consent immediately.
10 (4) An authorised officer must not exercise any
powers under this section if the authorised officer
fails to produce, on request, his or her identity
card issued under this Act for inspection by the
occupier of the premises.
15 (5) An authorised officer may carry out an authorised
investigation with any assistants and equipment
the authorised officer reasonably requires to carry
out an authorised investigation.
(6) A person must not--
20 (a) hinder or obstruct an authorised officer who
is carrying out an authorised investigation or
a person assisting the authorised officer; or
(b) without reasonable excuse, refuse or fail to
comply with a requirement made by an
25 authorised officer in the exercise of powers
conferred by this section; or
(c) answer a question put by an authorised
officer under this section knowing that the
answer is false or misleading.
30 Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
120 penalty units.
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(7) A person must not use threatening language to an
authorised officer who is carrying out an
authorised investigation or a person assisting an
authorised officer.
5 Penalty: 30 penalty units.
71 Search warrant
(1) An authorised officer may apply to a magistrate
for the issue of a search warrant in relation to
particular premises if the authorised officer
10 believes on reasonable grounds that there is, or
may be within the next 72 hours, on the premises
a particular thing that may be relevant to the
administration of this Act.
(2) If a magistrate is satisfied by the evidence on oath,
15 whether oral or by affidavit, that there are
reasonable grounds for suspecting that there is, or
may be within the next 72 hours, on the premises
a particular thing that may be relevant to the
administration of this Act, the magistrate may
20 issue a search warrant authorising an authorised
officer named in the warrant and any assistants the
authorised officer considers necessary--
(a) to enter the premises, or the part of the
premises, named or described in the warrant;
25 and
(b) to search for and seize, or secure against
interference, a thing named or described in
the warrant; and
(c) if reasonably necessary for the purposes
30 referred to in paragraph (b), to break open
any receptacle in or on the premises.
(3) In addition to any other requirement, a search
warrant issued under this section must state--
(a) the premises to be searched; and
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(b) a description of the thing for which the
search is to be made; and
(c) any conditions to which the warrant is
subject; and
5 (d) that entry is authorised to be made during
business hours only unless entry during those
hours is unreasonable in the circumstances;
and
(e) a day, not later than 7 days after the issue of
10 the warrant, on which the warrant ceases to
have effect.
(4) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and in the
form prescribed under that Act.
15 (5) The rules to be observed with respect to search
warrants mentioned in the Magistrates' Court
Act 1989 extend and apply to warrants under this
section.
72 Announcement before entry
20 (1) Before executing a search warrant, the authorised
officer named in the warrant or a person assisting
the authorised officer must announce that he or
she is authorised by the warrant to enter the
premises and give any person at the premises an
25 opportunity to allow entry to the premises.
(2) The authorised officer or a person assisting the
authorised officer need not comply with
subsection (1) if he or she believes on reasonable
grounds that immediate entry to the premises is
30 required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
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73 Copy of warrant to be given to occupier
If the occupier or another person who apparently
represents the occupier is present at premises
when a search warrant is being executed, the
5 authorised officer must--
(a) identify himself or herself to that person by
producing his or her identity card issued
under this Act for inspection by that person;
and
10 (b) give to that person a copy of the execution
copy of the warrant.
74 Protection against self-incrimination
(1) A person may refuse or fail to give information,
produce documents or answer questions that the
15 person is required to give, produce or answer
under this Division on the ground that giving the
information, producing the documents or
answering the questions would tend to incriminate
the person.
20 (2) Subsection (1) does not excuse a person from
giving information, producing documents or
answering questions that the person is required by
this Division to give, produce or answer on the
ground that giving the information, producing the
25 documents or answering the questions would tend
to incriminate the person in respect of an offence
against this Act.
(3) However, information given, documents produced
or questions answered by a person as required by
30 this Division are not admissible in evidence
against the person in any proceeding in respect of
an offence against this Act.
Note
Subsection (3) does not extend to offences in other Acts or
35 at common law, such as perjury.
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75 Cross-border investigation
(1) The Registrar may, at the request of an authority
responsible for administering a corresponding
law, carry out an authorised investigation for the
5 purposes of the corresponding law.
(2) The Registrar may delegate powers of
investigation under this Division to--
(a) the authority responsible for the
administration of a corresponding law; or
10 (b) an appropriately qualified officer or
employee of that authority nominated by that
authority.
Division 2--Secrecy
76 Prohibition on certain disclosures of information by
15 authorised persons
(1) A person who is or was an authorised person must
not disclose any information obtained under, or in
relation to the administration of, this Act, except
as permitted by this Part.
20 Penalty: 60 penalty units.
(2) For the purposes of the Freedom of Information
Act 1982, information referred to in subsection
(1) is information of a kind to which section 38 of
that Act applies.
25 77 Permitted disclosures to particular persons
(1) An authorised person may disclose information
obtained under, or in relation to the administration
of, this Act--
(a) with the consent of the person to whom the
30 information relates or at the request of a
person acting on behalf of that person; or
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(b) in connection with the administration of this
Act or a corresponding law; or
(c) in connection with the administration of a
taxation law or a law of another Australian
5 jurisdiction that is prescribed to be a
reciprocal taxation law for the purposes of
section 92(1)(c) of the Taxation
Administration Act 1997; or
(d) in connection with the administration of the
10 First Home Owner Grant Act 2000 or a
corresponding law within the meaning of
that Act; or
(e) in accordance with an Order made under the
Family Law Rules 2004 of the
15 Commonwealth; or
(f) in accordance with a requirement imposed
under an Act; or
(g) to an authorised recipient, being--
(i) the Ombudsman; or
20 (ii) a member of the police force; or
(iii) the Auditor-General; or
(iv) a member of the Australian Federal
Police; or
(v) the Director of Consumer Affairs; or
25 (vi) the Victorian WorkCover Authority; or
(vii) the Privacy Commissioner appointed
under the Information Privacy Act
2000; or
(viii) a person prescribed to be an authorised
30 recipient for the purposes of this
section.
(2) In this section, taxation law has the same meaning
as in the Taxation Administration Act 1997.
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78 Permitted disclosures of a general nature
(1) The Registrar may disclose information obtained
under, or in relation to the administration of this
Act, unless that information will or is likely to
5 identify a particular person.
(2) Despite subsection (1), the Registrar may disclose
information obtained under, or in relation to the
administration of, this Act that will or is likely to
identify a particular person if that disclosure is
10 required by this Act or is necessary for the
administration of this Act.
79 Prohibition on secondary disclosures of information
(1) A person must not disclose any information
obtained from an authorised person in accordance
15 with section 77 unless--
(a) the disclosure is made to enable the person to
exercise a function conferred on the person
by law for the purpose of the enforcement of
a law or protecting the public revenue; and
20 (b) the Registrar consents to the disclosure.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
120 penalty units.
25 (2) For the purposes of the Freedom of Information
Act 1982, information referred to in subsection
(1) is information of a kind to which section 38 of
that Act applies.
80 Further restrictions on disclosure
30 A person who is or was an authorised person is
not required to disclose or produce in any Court
any information obtained under or in relation to
the administration of this Act except--
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(a) if it is necessary to do so for the purposes of
the administration of this Act; or
(b) if the requirement is made for the purposes
of enabling a person who is specified for the
5 time being to be an authorised recipient to
exercise a function conferred or imposed on
the person by law.
Division 3--General unclaimed money provisions
81 Persons not required by this Act may pay unclaimed
10 money to Registrar
(1) If a person has possession of any unclaimed
money (whether by way of business or otherwise)
that is not required by Part 3 to be paid to the
Registrar, the person may pay that unclaimed
15 money to the Registrar as if that unclaimed money
were payable under section 12(1).
(2) This section does not apply to--
(a) any unclaimed money to which Division 2 of
Part 3 applies; and
20 (b) any money to which Part 7 applies.
82 Person to whom section 81 applies may apply to
Registrar for repayment of unclaimed money
(1) If a person has paid to the Registrar unclaimed
money under section 81, that person may apply to
25 the Registrar for repayment of that money.
(2) For the purposes of this section, sections 29
and 30 apply as if--
(a) the person who paid to the Registrar money
under section 81 were a business or trustee;
30 and
(b) the money paid to the Registrar were
unclaimed money to which Part 3 applied.
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83 Evidence of assessment or reassessment
The production of a notice of assessment or
reassessment, or of a document signed by the
Registrar purporting to be a copy of a notice of
5 assessment or reassessment in proceedings under
this Act, is--
(a) evidence of the due making of the
assessment or reassessment; and
(b) evidence that the amount and all particulars
10 of the assessment or reassessment are
correct.
84 Certificate is evidence
A certificate signed by the Registrar that states
any of the following matters is admissible in
15 proceedings under this Act and is evidence of the
matters stated in the certificate--
(a) that the business or trustee named in the
certificate is liable to pay unclaimed money
to the Registrar;
20 (b) that an assessment or reassessment of an
amount payable has been made in relation to
circumstances specified in the certificate;
(c) that the amount specified in the certificate is
payable by a business or trustee named in the
25 certificate or has been paid in whole or in
part by or on behalf of a business or trustee
so named;
(d) that a document specified in the certificate
was posted to, delivered to, or served
30 personally on, a person named in the
certificate on a day specified in the
certificate;
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(e) that a return or statement required under this
Act has been, or has not been, lodged or
given by or on behalf of a business or trustee
named in the certificate on or as at a day
5 specified in the certificate;
(f) that a person named in the certificate is, or
was, an authorised officer on the date
specified in the certificate.
85 Time for commencing proceedings for offences
10 under this Act extended
Despite section 26 of the Magistrates' Court Act
1989, a prosecution for an offence against this Act
may be commenced within 3 years after the
alleged commission of the offence.
__________________
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Part 7--Money Paid into Court
s. 86
PART 7--MONEY PAID INTO COURT
86 Money paid into Court
For the purposes of this Part, money paid into
Court means--
5 (a) money or any security paid into Court or
paid into any ADI (whether in the name or to
the credit of any officer or person of the
Court) and that may be subject to an order or
disposition of the Court; and
10 (b) from the time of the payment of the money
into Court includes--
(i) any interest, dividends or other profits
that have accrued from the money paid
into Court; or
15 (ii) the proceeds from the sale of any
security paid into Court.
87 Payment of unclaimed money into Court into
Consolidated Fund
(1) Subject to subsections (2) and (3), if money has
20 been paid into Court and no claim, application or
other proceeding for or in respect of the money is
made for a period of 15 years--
(a) after payment out of Court of any part of the
money; or
25 (b) if no payment out of Court has been made,
since the payment of the money into Court--
at the end of the 15 year period of inactivity with
respect to the money, the proper officer of the
Court must pay the money into the Consolidated
30 Fund.
(2) If, based on documents filed in Court, it appears
that a person is or may become entitled to make or
institute a claim, application or proceeding with
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s. 87
respect to money paid into Court but no claim,
application or proceeding has been made or
instituted because the person--
(a) has not attained the age of 18 years; or
5 (b) is an insolvent under administration; or
(c) has a disability within the meaning of the
Guardianship and Administration Act
1986; or
(d) will become entitled to make or institute a
10 claim, application or proceeding on the
happening of an event--
the 15 year period specified in subsection (1) must
not begin to run until a circumstance specified in
subsection (3) has occurred.
15 (3) For the purposes of subsection (2), the 15 year
period begins to run on the day any of the
following occurs, whichever is earlier, according
to satisfactory evidence filed in the Court--
(a) the person--
20 (i) referred to in subsection (2)(a) attains
the age of 18 years; or
(ii) referred to in subsection (2)(b) is no
longer an insolvent under
administration; or
25 (iii) referred to in subsection (2)(c) becomes
a represented person within the
meaning of the Guardianship and
Administration Act 1986; or
(iv) referred to in subsection (2)(d) becomes
30 entitled because the event referred to in
that subsection happens; or
(b) the person dies.
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s. 88
88 Proper officer may convert security and Court may
make vesting orders
(1) Despite any Act or statutory rule to the contrary
(other than the Charter of Human Rights and
5 Responsibilities), a proper officer may, for the
purposes of payment of money into the
Consolidated Fund, at the expiration of the
15 year period required by section 87, sell or
otherwise convert money paid into Court.
10 (2) The Court, on the application of a proper officer,
may make an order vesting the money paid into
Court in the proper officer in order to facilitate the
payment of the money into the Consolidated
Fund.
15 89 Provision for claims made after payment into
Consolidated Fund
(1) If money is paid into the Consolidated Fund under
this Part, any claim, application or proceeding
made or instituted in respect of that money, must
20 be heard and determined as if the money had
remained in Court.
(2) For the purposes of subsection (1), the Court may
make an order for payment, or part payment, of
the money paid into the Consolidated Fund to any
25 person.
(3) If an order is made under subsection (2) and
served on the Minister, the Minister must comply
with the order and pay the amount specified in the
order to the person specified in the order as being
30 the person entitled to the money.
(4) The amount of money paid to a person under
subsection (3) must not include any interest that
has accrued since the date of payment into the
Consolidated Fund.
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(5) Any amounts payable under this Part are payable
out of the Consolidated Fund, which is, to the
necessary extent appropriated accordingly.
__________________
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Part 8--Unclaimed Superannuation Benefits
s. 90
PART 8--UNCLAIMED SUPERANNUATION BENEFITS
90 Definitions
In this Part--
approved deposit fund has the same meaning as in
5 section 10 of the Commonwealth
Superannuation Act;
Commonwealth RSA Act means the Retirement
Savings Accounts Act 1997 of the
Commonwealth;
10 Commonwealth Superannuation Act means the
Superannuation Industry (Supervision) Act
1993 of the Commonwealth;
Commonwealth Unclaimed Money Act means the
Superannuation (Unclaimed Money and Lost
15 Members) Act 1999 of the Commonwealth;
exempt public sector superannuation scheme
means a public sector superannuation
scheme that is specified in the regulations
made under the Commonwealth
20 Superannuation Act for the purposes of the
definition of exempt public sector
superannuation scheme in that Act;
holder of an RSA has the same meaning as in the
Commonwealth RSA Act;
25 member means--
(a) a member of, or a depositor with, a
superannuation fund; or
(b) a holder of an RSA; or
(c) in respect of an unclaimed
30 superannuation benefit that is taken to
be unclaimed money under section
12(2) of the Commonwealth Unclaimed
Money Act, a non-member spouse
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within the meaning of Part VIIIB
Family Law Act 1975 of the
Commonwealth;
owner means the person entitled to any unclaimed
5 superannuation benefit including--
(a) the person's executors, administrators
or assignees; or
(b) the person's lawful attorney or agent;
regulated superannuation fund has the same
10 meaning as in section 19 of the
Commonwealth Superannuation Act;
retirement savings account and RSA have the
same meaning as in section 8 of the
Commonwealth RSA Act;
15 RSA provider has the same meaning as in
section 12 of the Commonwealth RSA Act;
superannuation fund means--
(a) a regulated superannuation fund; or
(b) an exempt public sector superannuation
20 scheme; or
(c) an approved deposit fund;
superannuation provider means--
(a) a trustee of a superannuation fund; or
(b) an RSA provider;
25 tax file number has the same meaning as in
section 202A of the Income Tax Assessment
Act 1936 of the Commonwealth;
trustee, in relation to a superannuation fund, has
the same meaning as in section 10 of the
30 Commonwealth Superannuation Act;
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Unclaimed Moneys Act 1962 means the
Unclaimed Moneys Act 1962 as in force
immediately before its repeal by section 104;
unclaimed superannuation benefit means an
5 amount that is taken to be unclaimed money
under the Commonwealth Unclaimed Money
Act.
91 Application of Part
(1) This Part applies to a superannuation fund and the
10 trustee of a superannuation fund if--
(a) the trustee is a corporation within the
meaning of the Corporations Act and its
registered office within the meaning of that
Act is in Victoria; or
15 (b) in the case of a trustee of a superannuation
fund who is a natural person, the principal
place where he or she carries on business as
that trustee is in Victoria; or
(c) in the case of an exempt public sector
20 superannuation scheme, the principal place
where the fund is administered is in Victoria;
or
(d) if there are 2 or more trustees of the fund and
paragraph (a) or (b) applies to one or more
25 but not to all the trustees, the principal place
where the fund is administered is in Victoria.
(2) This Part applies to a retirement savings account
and an RSA provider if the provider has its
registered office in Victoria.
30 92 Power of Minister to pay or refund amounts
(1) If an unclaimed superannuation benefit was paid
by a superannuation provider to the Registrar
under Part 4 of the Unclaimed Moneys Act
1962--
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(a) a person may apply for the unclaimed
superannuation benefit in a form approved
by the Registrar; and
(b) if the Minister is satisfied that, had Part 4 of
5 the Unclaimed Moneys Act 1962 and the
Commonwealth Unclaimed Money Act not
been enacted, the superannuation provider
would have paid the benefit to the person,
the Minister must pay an amount equal to the
10 unclaimed benefit to the person.
(2) The form of application approved by the Registrar
may include a request that the applicant provide
his or her tax file number to the Minister.
(3) A person is not obliged to comply with the request
15 to provide his or her tax file number, and non-
compliance with the request does not prevent the
person from being paid an unclaimed
superannuation benefit.
(4) If a superannuation provider satisfies the Minister
20 that an amount paid by the superannuation
provider to the Registrar under Part 4 of the
Unclaimed Moneys Act 1962--
(a) exceeds the amount that would have been
paid to the person concerned; or
25 (b) is not an unclaimed superannuation benefit
that was required to be paid to the Registrar
under Part 4 of that Act--
the Minister must refund to the superannuation
provider the amount of the excess.
30 (5) Nothing in this section prevents the Minister from
deducting from a payment of an amount equal to
an unclaimed superannuation benefit to any
person an amount equal to any tax payable to the
Commonwealth on the unclaimed superannuation
35 benefit that the Minister is required to deduct from
the payment under a law of the Commonwealth.
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93 Register of unclaimed superannuation benefits
(1) The Registrar must keep a register of unclaimed
superannuation benefits that contains particulars
of--
5 (a) each unclaimed superannuation benefit that
was paid by a superannuation provider to the
Registrar under Part 4 of the Unclaimed
Moneys Act 1962; and
(b) each member in respect of whom the
10 unclaimed superannuation benefit was
payable.
(2) The register of unclaimed superannuation benefits
is to be in the form, and kept in the manner,
determined by the Registrar.
15 (3) The Registrar may give information contained in
the register of unclaimed superannuation benefits
to the Commissioner of Taxation holding office
under a law of the Commonwealth.
94 Registrar may advertise details of unclaimed
20 superannuation benefits
For the purposes of identifying and locating the
owner of unclaimed superannuation benefits, the
Registrar must advertise, publish or make publicly
available--
25 (a) on the Internet in a searchable form updated
regularly; and
(b) in any other form the Registrar considers
appropriate--
the minimum amount of information on the
30 register of unclaimed superannuation benefits that
the Registrar considers necessary and expedient to
achieve those purposes.
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Unclaimed Money Bill 2008
Part 8--Unclaimed Superannuation Benefits
s. 95
95 Transfer of existing stock of unclaimed
superannuation benefits to Commonwealth
(1) On the date of transfer, the Registrar may pay to
the Commonwealth an amount equal to the
5 amount of unclaimed superannuation benefits that
are recorded in the register of unclaimed
superannuation benefits on the date of the transfer.
(2) As from the date of the transfer, the Registrar is
discharged from all obligations and liabilities the
10 Registrar would otherwise have in respect of
unclaimed superannuation benefits for which an
equivalent amount has been paid to the
Commonwealth under subsection (1).
(3) In this section date of transfer means the date
15 specified by the Minister to be the date of transfer
in a notice published in the Government Gazette.
__________________
561185B.I-27/5/2008 62 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 9--General
s. 96
PART 9--GENERAL
96 Actions done in good faith
Except as provided by this Act, a person is not
liable to any other person by reason of--
5 (a) the payment of money by the first person to
the Registrar under this Act; or
(b) the doing of any other act in good faith by
the first person under this Act.
97 Trustee not in breach of trust
10 Anything done or omitted to be done by a trustee
(whether or not the trustee is a business) in
accordance with this Act is not to be regarded for
any purpose as constituting a breach of trust by
the trustee.
15 98 The Consolidated Fund
(1) Any amount payable to, or received by, the
Registrar under this Act must be paid into the
Consolidated Fund.
(2) Any amount to be paid by the Registrar or the
20 Minister under this Act is payable out of the
Consolidated Fund, which is by virtue of this
section, appropriated to the necessary extent.
99 Service of documents on Registrar
A document authorised or required to be served
25 on, given to or lodged with, the Registrar for the
purposes of this Act may be served, given or
lodged--
(a) by delivering it to an office of the Registrar;
or
30 (b) by post addressed to the Registrar at an
office of the Registrar; or
561185B.I-27/5/2008 63 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 9--General
s. 100
(c) by a means indicated by the Registrar as
being an available means of service (such as
by facsimile or other electronic transmission
or by delivering it, addressed to the
5 Registrar, to the facilities of a document
exchange); or
(d) by leaving it with a person who has authority
to accept documents on the Registrar's
behalf.
10 100 Day of service of document or payment of money
If a document is served on the Registrar or a
payment of money is tendered to the Registrar at a
time on a day that is after the ordinary hours of
business when the offices of the Registrar are
15 open to the public on that day, the document or
payment is taken to have been served or tendered
to the Registrar on the following business day.
101 Service of documents by Registrar
(1) A document authorised or required to be served
20 on or given to a person by the Registrar for the
purposes of this Act may be served on or given to
the person--
(a) personally; or
(b) by leaving it at the last address of the person
25 known to the Registrar (including, in the
case of a body corporate, the registered
office or a business address of the body
corporate); or
(c) by post addressed to the person at the last
30 address of the person known to the Registrar
(including in the case of a body corporate,
the registered office or a business address of
the body corporate); or
561185B.I-27/5/2008 64 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 9--General
s. 102
(d) by a means indicated by the person as being
an available means of service (such as by
facsimile or other electronic transmission or
by delivering it, addressed to the person, to
5 the facilities of a document exchange); or
(e) by any means provided for the service of the
document by another Act or law.
(2) If a person (the agent) has actual or apparent
authority to accept service of a document on
10 behalf of another, the Registrar may, for the
purposes of this Act, serve the document on the
agent as if the agent were that other person.
(3) Service of a document on a member of a
partnership, or on a member of the committee of
15 management of an unincorporated association or
other body of persons, is taken, for the purposes of
this Act, to constitute service of the document on
each member of the partnership, or on each
member of the association or other body of
20 persons.
102 When is service effective?
(1) For the purposes of this Act, unless the contrary is
proved, a document must be taken to have been
served on or given to a person by the Registrar--
25 (a) in the case of delivery in person, at the time
the document is delivered;
(b) in the case of posting, 2 business days after
the day on which the document was posted;
(c) in the case of a facsimile or other electronic
30 transmission, at the time the facsimile or
other electronic transmission is received.
(2) If a facsimile or other electronic transmission is
received after 4.00 p.m. on any day, it must be
taken to have been received on the next business
35 day.
561185B.I-27/5/2008 65 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 9--General
s. 103
103 Regulations
The Governor in Council may make regulations
for or with respect to--
(a) the lodging of documents and the time and
5 manner of submission of documents for
lodging;
(b) prescribing forms for the purposes of Part 3;
(c) prescribing fees for the purposes of Part 3;
(d) generally prescribing any other matter or
10 thing required or permitted to be prescribed
or necessary to be prescribed for the
purposes of this Act.
__________________
561185B.I-27/5/2008 66 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 10--Repeal, Transitional and Amendment Provisions
s. 104
PART 10--REPEAL, TRANSITIONAL AND AMENDMENT
PROVISIONS
104 Repeal and transitional provisions
(1) The Unclaimed Moneys Act 1962 is repealed. See:
Act No.
6879.
5 (2) Except as in this Act expressly or by necessary Reprint No. 8
implication provided, all persons, things and as at
1 January
circumstances appointed or created by or under 2005
the Unclaimed Moneys Act 1962 immediately and
amending
before the commencement of this section shall Act No.
10 under and subject to this Act continue to have the 18/2005.
LawToday:
same status, operation and effect as they www.
respectively would have had if this section had not legislation.
vic.gov.au
come into operation.
(3) Despite the repeal of the Unclaimed Moneys Act
15 1962 by subsection (1), any proceeding, inquiry,
claim or obligation that commenced or arose
under a section of that Act that was not finally
determined under that Act immediately before that
repeal, may be continued and completed or
20 otherwise dealt with under that Act as if the Act
had not been repealed.
(4) On and from the commencement of this section,
unless the context otherwise requires, in any Act
(other than this Act or a provision amended by
25 this Act) or in any instrument made under any Act
or in any other document of any kind--
(a) a reference to the Registrar of Unclaimed
Moneys must be read as a reference to the
Registrar of Unclaimed Money;
30 (b) a reference to the Deputy Registrar of
Unclaimed Moneys must be read as a
reference to the Deputy Registrar of
Unclaimed Money;
561185B.I-27/5/2008 67 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 10--Repeal, Transitional and Amendment Provisions
s. 105
(c) a reference to the Unclaimed Moneys Act
1962 must be read as a reference to the
Unclaimed Money Act 2008;
(d) a reference to a register established by a
5 business under section 11 of the Unclaimed
Moneys Act 1962 must be read as a
reference to a business register established
by a business under section 11 of this Act;
(e) a reference to a register kept by the Registrar
10 of Unclaimed Moneys under section 12B of
the Unclaimed Moneys Act 1962 must be
read as a reference to the unclaimed money
register kept by the Registrar of Unclaimed
Money under section 28 of this Act;
15 (f) a reference to a register kept by the Registrar
under section 22(1) of the Unclaimed
Moneys Act 1962 must be read as a
reference to the register of unclaimed
superannuation benefits kept by the Registrar
20 under section 93 of this Act.
See: 105 Amendments to the Victorian Civil and
Act No.
53/1998. Administrative Tribunal Act 1998
Reprint No. 5
as at (1) In clause 2 of Schedule 1 to the Victorian Civil
1 April 2007
and
and Administrative Tribunal Act 1998, in the
25 amending definition of taxing Act--
Act Nos
18/2003, (a) in paragraph (j), for "2000." substitute
97/2005,
16/2006, "2000;";
23/2006,
24/2006, (b) after paragraph (j) insert--
48/2006,
69/2006, "(k) Unclaimed Money Act 2008.".
24/2007,
26/2007,
28/2007 and
4/2008.
LawToday:
www.
legislation.
vic.gov.au
561185B.I-27/5/2008 68 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 10--Repeal, Transitional and Amendment Provisions
s. 105
(2) After clause 91 of Schedule 1 to the Victorian
Civil and Administrative Tribunal Act 1998
insert--
"91A Reference to Commissioner to be
5 construed as Registrar in some
circumstances
For the purposes of this Part, if the taxing
Act is the Unclaimed Money Act 2008, any
reference to the Commissioner of State
10 Revenue is taken to be a reference to the
Registrar of Unclaimed Money.".
__________________
561185B.I-27/5/2008 69 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 11--Consequential Amendments
s. 106
PART 11--CONSEQUENTIAL AMENDMENTS
106 Amendments to the Disposal of Uncollected Goods
Act 1961
(1) In section 11(1) of the Disposal of Uncollected
5 Goods Act 1961 for "moneys" (wherever
occurring) substitute "money".
(2) In section 11(2) of the Disposal of Uncollected
Goods Act 1961--
(a) for "moneys" substitute "money";
10 (b) for "Registrar of Unclaimed Moneys"
substitute "Registrar of Unclaimed Money".
(3) For section 11(3) of the Disposal of Uncollected
Goods Act 1961 substitute--
"(3) Any money (including interest) so paid to the
15 Registrar of Unclaimed Money is taken to be
unclaimed money paid to the Registrar of
Unclaimed Money under Division 1 of Part 3
of the Unclaimed Money Act 2008 and the
provisions of Division 1 of Part 3 of that Act
20 relating to unclaimed money so paid apply
accordingly with any necessary
modification.".
(4) In section 11(4) of the Disposal of Uncollected
Goods Act 1961--
25 (a) for "moneys" substitute "money";
(b) for "Registrar of Unclaimed Moneys"
substitute "Registrar of Unclaimed Money".
107 Amendment to the Domestic (Feral and Nuisance)
Animals Act 1994
30 In section 75C(2) of the Domestic (Feral and
Nuisance) Animals Act 1994 for "Unclaimed
Moneys Act 1962" substitute "Unclaimed
Money Act 2008".
561185B.I-27/5/2008 70 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 11--Consequential Amendments
s. 108
108 Amendment to the Environment Protection
Act 1970
In section 62(14) of the Environment Protection
Act 1970 for "Registrar of Unclaimed Moneys"
5 substitute "Registrar of Unclaimed Money".
109 Amendments to the Estate Agents Act 1980
In section 59A(2) of the Estate Agents Act
1980--
(a) for "moneys" substitute "money";
10 (b) for "Unclaimed Moneys Act 1962"
substitute "Unclaimed Money Act 2008".
110 Amendment to the Financial Management Act 1994
In section 58(1) of the Financial Management
Act 1994 for "Unclaimed Moneys Act 1962"
15 substitute "Unclaimed Money Act 2008".
111 Amendment to the Impounding of Livestock
Act 1994
In section 20(2) of the Impounding of Livestock
Act 1994 for "Unclaimed Moneys Act 1962"
20 substitute "Unclaimed Money Act 2008".
112 Amendment to the Infringements Act 2006
In section 104(e)(iii) of the Infringements Act
2006 for "Unclaimed Moneys Act 1962"
substitute "Unclaimed Money Act 2008".
25 113 Amendments to the Landlord and Tenant Act 1958
(1) In section 42D(1) of the Landlord and Tenant
Act 1958--
(a) for "moneys" substitute "money";
(b) for "which have" substitute "which has";
30 (c) for "Registrar of Unclaimed Moneys"
substitute "Registrar of Unclaimed Money".
561185B.I-27/5/2008 71 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 11--Consequential Amendments
s. 114
(2) In section 42D(3) of the Landlord and Tenant
Act 1958 for "moneys" (wherever occurring)
substitute "money".
(3) In section 42D(4) of the Landlord and Tenant
5 Act 1958 for "unclaimed moneys" (wherever
occurring) substitute "unclaimed money".
114 Amendments to the Residential Tenancies Act 1997
(1) In section 242(3) of the Residential Tenancies
Act 1997 for "Unclaimed Moneys Act 1962"
10 substitute "Unclaimed Money Act 2008".
(2) In section 365(3) of the Residential Tenancies
Act 1997--
(a) for "moneys" substitute "money";
(b) for "Unclaimed Moneys Act 1962"
15 substitute "Unclaimed Money Act 2008".
(3) In section 393(2) of the Residential Tenancies
Act 1997 for "Unclaimed Moneys Act 1962"
substitute "Unclaimed Money Act 2008".
(4) In section 399 of the Residential Tenancies Act
20 1997 for "Unclaimed Moneys Act 1962"
substitute "Unclaimed Money Act 2008".
(5) In section 422 of the Residential Tenancies Act
1997--
(a) for "moneys" substitute "money";
25 (b) for "Unclaimed Moneys Act 1962"
substitute "Unclaimed Money Act 2008".
115 Amendments to the Transport Act 1983
In section 251A(5) of the Transport Act 1983--
(a) for "moneys" substitute "money";
30 (b) for "Unclaimed Moneys Act 1962"
substitute "Unclaimed Money Act 2008".
561185B.I-27/5/2008 72 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 11--Consequential Amendments
s. 116
116 Amendments to the Warehousemen's Liens
Act 1958
(1) In section 10(2)(b) of the Warehousemen's Liens
Act 1958 for "moneys" substitute "money".
5 (2) In sections 10(3) and 10(4) of the
Warehousemen's Liens Act 1958 for "Registrar
of Unclaimed Moneys" substitute "Registrar of
Unclaimed Money".
(3) In section 10(7) of the Warehousemen's Liens
10 Act 1958--
(a) for "moneys" substitute "money";
(b) for "Registrar of Unclaimed Moneys"
substitute "Registrar of Unclaimed Money.
(4) In section 10(8) of the Warehousemen's Liens
15 Act 1958 for "moneys" substitute "money".
(5) In section 10(9) of the Warehousemen's Liens
Act 1958 for "unclaimed moneys" (wherever
occurring) substitute "unclaimed money".
(6) In section 11(1)(f) of the Warehousemen's Liens
20 Act 1958 for "Registrar of Unclaimed Moneys"
substitute "Registrar of Unclaimed Money".
__________________
561185B.I-27/5/2008 73 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Part 12--Repeal
s. 117
PART 12--REPEAL
117 Repeal of section 105, Part 11 and this Part
Section 105, Part 11 and this Part are repealed on
1 January 2010.
5 Note
The repeal of section 105, Part 11 and this Part does not affect the
continuing operation of the amendments made by that section and
those Parts (see section 15(1) of the Interpretation of Legislation
Act 1984).
561185B.I-27/5/2008 74 BILL LA INTRODUCTION 27/5/2008
Unclaimed Money Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria
561185B.I-27/5/2008 75 BILL LA INTRODUCTION 27/5/2008
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