Australian Capital Territory
Unclaimed Money Act 1950    
A1950-15
Republication No 15
Effective:  27 April 2016 – 31 August 2016
Republication date: 27 April 2016
Last amendment made by A2016‑18

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Unclaimed Money Act 1950 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 April 2016.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 April 2016.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Unclaimed Money Act 1950

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	2A	Notes	2
	3	Declaration of corresponding law	2
Part 2	Unclaimed assets in hands of liquidators
	4	Unclaimed assets in hands of liquidator	3
Part 3	Unclaimed amounts payable by companies
	6	Application—pt 3	5
	7	Register of unclaimed amounts to be kept	5
	8	Notice of particulars of register to be given to public trustee and guardian	6
	9	Failure to compile and publish register	6
	10	Payment of unclaimed amounts to public trustee and guardian	7
	11	Failure to pay unclaimed amounts	8
	15	Pt 3 does not apply to certain unclaimed amounts	8
Part 5	Payment of unclaimed amounts to claimants
	26	Meaning of unclaimed money—pt 5	9
	27	Who may apply for unclaimed money	9
	28	Representatives of people claiming unclaimed money	10
	29	Decision about application for payment of unclaimed money	11
	30	Reviewable decision notice	11
	31	Review by ACAT	11
Part 6	Miscellaneous
	33A	Unclaimed money register	12
	34	Determination of fees	12
	35	Approved forms	13
Dictionary		14
Endnotes
	1	About the endnotes	16
	2	Abbreviation key	16
	3	Legislation history	17
	4	Amendment history	22
	5	Earlier republications	29

Australian Capital Territory
Unclaimed Money Act 1950

An Act relating to unclaimed assets in the hands of liquidators of companies, unclaimed amounts held by companies, unclaimed superannuation benefits and unclaimed amounts held in retirement savings accounts

    

Part 1	Preliminary
1	Name of Act
This Act is the Unclaimed Money Act 1950.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘unclaimed amount, for part 3 (Unclaimed amounts payable by companies)—see section 6 (2).’ means that the term ‘unclaimed amount’ is defined in that section for part 3.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
2A	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3	Declaration of corresponding law
	(1)	The Minister may declare that a law of a State or another Territory is a law that corresponds with this Act.
	(2)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.

Part 2	Unclaimed assets in hands of liquidators
4	Unclaimed assets in hands of liquidator
	(1)	A liquidator of a company who—
	(a)	has in his or her hands or under his or her control any amount (including a dividend) that has remained unclaimed for longer than 6 months from when the amount became payable; or
	(b)	after making a final distribution, has in his or her hands or under his or her control any unclaimed or undistributed amount arising from the property of the company;
must pay that amount to the public trustee and guardian.
	(2)	The Supreme Court may, at any time, on the application of the public trustee and guardian, by order, direct a liquidator to submit to the court an account of any unclaimed or undistributed amounts in his or her hands.
	(3)	If the Supreme Court makes an order under subsection (2), it may, by its order, give directions about—
	(a)	the verification of the account; and
	(b)	the auditing of the account; and
	(c)	the payment by the liquidator to the public trustee and guardian of unclaimed or undistributed amounts.
	(4)	A liquidator who makes a payment to the public trustee and guardian in accordance with subsection (1) or in accordance with an order under subsection (2) must give the public trustee and guardian particulars of—
	(a)	the amount paid; and
	(b)	the name of the company concerned; and
	(c)	the name of the person who appears, from the records of the company, to be entitled to the amount to which the payment relates.
	(5)	If a liquidator pays an amount to the public trustee and guardian in accordance with subsection (1) or in accordance with an order made under subsection (2), the liquidator is discharged from liability to anyone in relation to the amount.

Part 3	Unclaimed amounts payable by companies
6	Application—pt 3
	(1) 	This part applies to an amount payable by a company—
	(a)	to a person in his or her capacity as a member of the company; or
	(b)	in relation to deposits with, or securities of, the company.
	(2)	For this part, an amount to which this part applies is an unclaimed amount if—
	(a)	at least 6 years have elapsed since the day the amount became payable; and
	(b)	during the 6-year period, the company did not receive a request from a person entitled to the amount that the amount be paid to the person or someone else.
7	Register of unclaimed amounts to be kept
	(1)	If, in a year, any amounts payable by a company have become unclaimed amounts, the company must, not later than 31 January in the next year, enter particulars of the amounts in an alphabetical register kept for the year by the company at its head or principal office in the ACT.
Note	If a form is approved under s 35 for the register, the form must be used.
	(2)	The company must, on payment or tender of a fee of 20 cents, allow anyone to inspect, at that head or principal office during the hours when the company transacts its ordinary business, all registers kept by the company under this section.
	(3)	If a company pays an amount entered in a register kept by the company under this section to the person entitled to the amount, the company may delete from the register the entry relating to the amount.
8	Notice of particulars of register to be given to public trustee and guardian
	(1)	This section applies if, under section 7 (1), particulars of unclaimed amounts have been entered in a register kept by a company for a year.
	(2)	The company must prepare a written notice setting out the particulars entered in the register for the year.
	(3)	Not later than 31 March in the next year, the company must—
	(a)	give the notice, verified by a statement made by an officer of the company, to the public trustee and guardian; and
	(b)	give public notice—
	(i)	stating that it holds unclaimed amounts for the previous year; and
	(ii)	explaining how people can find out details of the amounts and claim them.
Note 1	Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
Note 2	If a form is approved under s 35 for a provision of this subsection, the form must be used.
Note 3	It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
9	Failure to compile and publish register
	(1)	A company must not fail to comply with any of the provisions of section 7 or section 8.
Maximum penalty:  100 penalty units.
	(2)	It is a defence to a prosecution for an offence arising out of a failure to comply with section 7 (1) that, in relation to the amount in question, the defendant complied with a corresponding law that applied in relation to the amount.
	(3)	It is a defence to a prosecution for an offence arising out of a failure to comply with section 8 that, in relation to the register in question, the defendant complied with a corresponding law that applied in relation to the register.
10	Payment of unclaimed amounts to public trustee and guardian
	(1)	This section applies if—
	(a)	particulars of an unclaimed amount have been entered in a register kept by a company under section 7 (Register of unclaimed amounts to be kept); and
	(b)	the amount has not been paid by the company to the person entitled to it within 1 year after the day the company gave the notice to the public trustee and guardian under section 8 (3) (a) that included particulars of the amount.
	(2)	The company must pay the amount to the public trustee and guardian not later than 1 month after the end of the 1-year period.
	(3)	On payment of the amount to the public trustee and guardian, the company is relieved from all further liability for the amount.
11	Failure to pay unclaimed amounts
	(1) 	A company must not fail to pay any amount to the public trustee and guardian as required by this part.
Maximum penalty:  100 penalty units.
	(2) 	It is a defence to a prosecution for an offence against subsection (1) that, in relation to the amount in question, the defendant complied with the requirements of a corresponding law that applied in relation to the amount.
15	Pt 3 does not apply to certain unclaimed amounts
This part does not apply to an amount that is required by a law in force in the ACT to be dealt with in a way different from the way provided by this part.

Part 5	Payment of unclaimed amounts to claimants
26	Meaning of unclaimed money—pt 5
In this part:
unclaimed money means money paid to the public trustee and guardian under any of the following provisions:
	(a)	section 4 (Unclaimed assets in hands of liquidator);
	(b)	section 10 (Payment of unclaimed amounts to public trustee and guardian);
	(c)	the Agents Act 2003, section 124 (Payment of unclaimed money to public trustee and guardian);
	(d)	the Legal Profession Act 2006, section 259 (Unclaimed trust money).
27	Who may apply for unclaimed money
	(1)	A person who claims to be entitled to an amount of unclaimed money may apply to the public trustee and guardian for payment of the amount.
Note	If a form is approved under s 35 for this provision, the form must be used.
	(2)	The public trustee and guardian may, in writing, require the applicant to give the public trustee and guardian more information or documents that the public trustee and guardian reasonably needs to decide the application.
Examples—information or documents
1	birth certificate, citizenship certificate, driver licence or other proof of identification
2	rates notice, electricity bill or other proof of place of residence
3	evidence of entitlement to amount claimed
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	If the applicant does not comply with a requirement under subsection (2), the public trustee and guardian may refuse to consider the application.
28	Representatives of people claiming unclaimed money
	(1)	The following people may apply under section 27 on behalf of a person claiming to be entitled to an amount of unclaimed money: 
	(a)	an agent of the person;
	(b)	if the person has died—a legal representative of the person.
	(2)	In this section:
legal representative, of a person who has died, means a person—
	(a)	holding office as executor of the will of the deceased person where probate of the will has been granted or resealed in Australia; or
	(b)	holding office in Australia as administrator of the estate of the deceased person.
29	Decision about application for payment of unclaimed money
On application by a person under section 27, the public trustee and guardian must—
	(a)	decide to pay the unclaimed money to the person claimed to be entitled to the money; or
	(b)	refuse to pay the unclaimed money.
30	Reviewable decision notice
If the public trustee and guardian makes a decision under section 29, the public trustee and guardian must give a reviewable decision notice to the applicant in relation to the decision.
Note 1	The public trustee and guardian must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
31	Review by ACAT
	(1)	The following people may apply to the ACAT for review of a decision under section 29:
	(a)	the applicant in relation to the decision;
	(b)	any other person whose interests are affected by the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
	(2)	The public trustee and guardian must give notice of a decision to each person whose interests are affected by the decision.
	(3)	The notice must be in accordance with a reviewable decision notice.

Part 6	Miscellaneous
33A	Unclaimed money register
	(1)	The public trustee and guardian may keep a register of unclaimed money that is paid to the public trustee and guardian under—
	(a)	this Act; or
	(b)	the Legal Profession Act 2006, section 259; or
	(c)	the Agents Act 2003, section 124.
	(2)	The register may include the name of the owner of the money and any other information the public trustee and guardian considers appropriate.
	(3)	The register may be kept in any form, including electronically, that the public trustee and guardian decides.
	(4)	The register may be kept in 1 or more parts, as the public trustee and guardian considers appropriate.
	(5)	The public trustee and guardian must make information in the register available so that a person who is entitled to make a claim for unclaimed money can find out about the entitlement.
	(6)	The public trustee and guardian may decide how the information in the register is made available.
34	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
35	Approved forms
	(1)	The Minister may, in writing, approve forms for this Act.
	(2)	If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACT
·	Commonwealth
·	Corporations Act
·	individual
·	Minister
·	property
·	public trustee and guardian
·	reviewable decision notice
·	Territory.
company means—
	(a)	for part 2 (Unclaimed assets in hands of liquidators)—
	(i)	a body corporate that is a foreign company within the meaning of the Corporations Act, section 9; or
	(ii)	a body registered under the Cooperatives Act 2002; or
	(iii)	an association incorporated under the Associations Incorporation Act 1991; and
	(b)	for any other provision of the Act—
	(i)	an entity mentioned in paragraph (a); and
	(ii)	a body corporate that is a company or recognised company within the meaning of the Corporations Act, section 9.
corresponding law means a law of a State or another Territory declared under section 3 (Declaration of corresponding law) to be a law that corresponds with this Act.
data processing device means any article or material (including a disk) from which information can be reproduced with or without the aid of any other article or device.
half year means a period of 6 months ending on 30 June or 31 December.
registered office—see the Corporations Act, section 9.
trust account means the trust bank account maintained by the director‑general of the administrative unit responsible for administering this Act in accordance with the Financial Management Act 1996, section 51.
unclaimed amount, for part 3 (Unclaimed amounts payable by companies)—see section 6 (2).
unclaimed money, for part 5—see section 26. 

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
This Act was originally a Commonwealth ordinance—Unclaimed Moneys Ordinance 1950 No 15 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day).
It was renamed as the Unclaimed Money Act 1950 by the Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 (see amdt 1.145).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
	Legislation before becoming Territory enactment
Unclaimed Money Act A1950-15
notified 21 December 1950 (Cwlth Gaz 1950 No 81)
commenced 21 December 1950
as amended by
Companies Ordinance 1954 Ord1954-14 sch 5
notified 20 August 1954 (Cwlth Gaz 1954 No 52)
commenced 1 October 1954 (s 2)
Companies Ordinance 1962 Ord1962-7 sch 1 pt 2
notified 21 June 1962 (Cwlth Gaz 1962 No 49)
commenced 1 July 1962 (s 2)
Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966-19 (as am by Ord1967‑36)
notified 23 December 1966 (Cwlth Gaz 1966 No 109)
commenced 23 December 1966
Unclaimed Moneys Ordinance 1974 Ord1974-18
notified 30 April 1974 (Cwlth Gaz 1974 No 36)
commenced 30 April 1974
Unclaimed Moneys Ordinance (No 2) 1974 Ord1974-57
notified 31 December 1974 (Cwlth Gaz 1974 No 103G)
commenced 31 December 1974
Unclaimed Moneys (Amendment) Ordinance 1976 Ord1976-64
notified 7 December 1976 (Cwlth Gaz 1976 No S222)
commenced 7 December 1976
Ordinances Revision Ordinance 1977 Ord1977-65
notified 22 December 1977 (Cwlth Gaz 1977 No S294)
commenced 22 December 1977
Unclaimed Moneys (Amendment) Ordinance 1978 Ord1978-49
notified 28 December 1978 (Cwlth Gaz 1978 No S292)
commenced 28 December 1978
Ordinances Revision (Companies Amendments) Ordinance 1982 Ord1982-38 s 32 and sch 4
notified 30 June 1982 (Cwlth Gaz 1982 No S139)
commenced 1 July 1982 (s 2)
Unclaimed Moneys (Amendment) Ordinance 1982 Ord1982-51
notified 9 July 1982 (Cwlth Gaz 1982 No S149)
commenced 9 July 1982
Unclaimed Moneys (Amendment) Ordinance 1984 Ord1984-57
notified 26 October 1984 (Cwlth Gaz 1984 No S441)
commenced 26 October 1984
Administrative Arrangements (Consequential Amendments) Ordinance 1988 Ord1988-17
notified 22 April 1988 (Cwlth Gaz 1988 No S114)
commenced 22 April 1988
Self-Government (Consequential Amendments) Ordinance 1989 Ord1989-38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
remainder commenced 11 May 1989 (s 2 (2) and Cwlth Gaz 1989 No S164)
	Legislation after becoming Territory enactment
Unclaimed Moneys (Amendment) Act 1990 A1990-28
notified 24 August 1990 (Gaz 1990 No S57)
ss 1-3 commenced 24 August 1990 (s 2 (1))
remainder commenced 3 September 1990 (s 2 (2))
Registrar-General (Consequential Provisions) Act 1993 A1993-64 sch 1
notified 6 September 1993 (Gaz 1993 No S172)
s 1, s 2 commenced 6 September 1993 (s 2 (1))
sch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207)
Statute Law Revision Act 1995 A1995-46 sch
notified 18 December 1995 (Gaz 1995 No S306)
commenced 18 December 1995 (s 2)
Unclaimed Moneys (Amendment) Act 1997 A1997-34
notified 30 June 1997 (Gaz 1997 No S180)
commenced 30 June 1997 (s 2)
Unclaimed Moneys (Amendment) Act 1998 A1998-1
notified 30 April 1998 (Gaz 1998 No S113)
s 9, s 10 taken to have commenced 30 June 1997 (s 2 (2))
remainder commenced 30 April 1998 (s 2 (1))
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 398
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 398 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Justice and Community Safety Legislation Amendment Act 2002 A2002-27 pt 16
notified LR 9 September 2002
s 1, s 2 commenced 9 September 2002 (LA s 75)
pt 16 commenced 7 October 2002 (s 2 (2))
Cooperatives Act 2002 A2002-45 amdt 6.8
notified LR 5 December 2002
s 1, s 2 commenced 5 December 2002 (LA s 75 (1))
amdt 6.8 commenced 5 June 2003 (s 2 and LA s 79)
Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 19
notified LR 3 March 2003
s 1, s 2 commenced 3 March 2003 (LA s 75 (1))
pt 19 commenced 31 March 2003 (s 2 (2))
Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.27
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
sch 1 pt 1.27 commenced 22 December 2005 (s 2 (4))
Justice and Community Safety Legislation Amendment Act 2010 (No 4) A2010-50 sch 1 pt 1.11
notified LR 14 December 2010
s 1, s 2 commenced 14 December 2010 (LA s 75 (1))
sch 1 pt 1.11 commenced 21 December 2010 (s 2 (1))
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.159
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.159 commenced 1 July 2011 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2012 A2012-13 sch 1 pt 1.10
notified LR 11 April 2012
s 1, s 2 commenced 11 April 2012 (LA s 75 (1))
sch 1 pt 1.10 commenced 12 April 2012 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2013 (No 2) A2013-11 sch 1 pt 1.8
notified LR 28 March 2013
s 1, s 2 commenced 28 March 2013 (LA s 75 (1))
sch 1 pt 1.8 commenced 4 April 2013 (s 2)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.66
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.66 commenced 14 October 2015 (s 2)
Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) A2016‑13 sch 1 pt 1.38
notified LR 16 March 2016
s 1, s 2 commenced 16 March 2016 (LA s 75 (1))
sch 1 pt 1.38 commenced 1 April 2016 (s 2 and see Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)
Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.45
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
sch 3 pt 3.45 commenced 27 April 2016 (s 2)

4	Amendment history
Title
title	sub A1998‑1 s 4
	am A2005‑60 amdt 1.144
Name of Act
s 1	am Ord1974‑18
	sub A2005‑60 amdt 1.145
Dictionary
s 2	orig s 2 om Ord1977‑65
	(prev s 3) am Ord1954‑14 sch 4
	sub Ord1962‑7 sch 1 pt 2; Ord1974‑18 s 2
	am Ord1984‑57 s 3
	renum A2001‑44 amdt 1.4121
	defs reloc to dict A2005‑60 amdt 1.148
	sub A2005‑60 amdt 1.149
	am A2010‑50 amdt 1.46
	def Registrar ins A1990‑28 s 4
	om A1993‑64 sch 1
Notes
s 2A	ins A2005‑60 amdt 1.149
Declaration of corresponding law
s 3	orig s 3 renum as s 2 A2001‑44 amdt 1.4121
	ins A2001‑44 amdt 1.4122
Registrar
s 3AA	ins A1990‑28 s 5
	om A1993‑64 sch 1
Seal of office
s 3AB	ins A1990‑28 s 5
	om A1993‑64 sch 1
Delegation by the Treasurer
s 3A	ins Ord1974‑18 s 2
	am Ord1974‑57 s 2; Ord1982‑51 s 2; Ord1988‑17 sch 2; Ord1989‑38 sch 1
	om A2003‑2 s 86
Unclaimed assets in hands of liquidator
s 4	sub Ord1974‑18 s 3
	am Ord1976‑64; Ord1978‑49; Ord1982‑38 sch 4; Ord1982‑51 s 2; Ord1984‑57 s 4; Ord1989‑38 sch 1; A1990‑28 s 6; A1993‑64 sch 1; A2002‑27 s 78; A2005‑60 amdt 1.150, amdt 1.151; A2013‑11 amdt 1.17; A2016‑13 amdt 1.144
Payments to people entitled
s 5	am Ord1974‑18 s 4; Ord1982‑51 s 2; Ord1984‑57 s 5; Ord1988‑17 sch 2; Ord1989‑38 sch 1; A2005‑60 amdts 1.152-1.155
	om A2013‑11 amdt 1.18
Meaning of company in pt 2
s 5A hdg	ins A1990‑28 notes
s 5A	ins Ord1982‑38 s 32
	am A1995‑46 sch
	om A2005‑60 amdt 1.156
Unclaimed amounts payable by companies
pt 3 hdg	sub A2005‑60 amdt 1.157
Application—pt 3
s 6	sub Ord1974‑18 s 5
	am A2005‑60 amdt 1.158, amdt 1.159
Register of unclaimed amounts to be kept
s 7 hdg	sub A2005‑60 amdt 1.160
s 7	am Ord1966‑19 (as am by Ord1967‑36); A2001‑44 amdt 1.4123, amdt 1.4124; A2005‑60 amdt 1.161, amdt 1.162
Notice of particulars of register to be given to public trustee and guardian
s 8 hdg	am A2016‑13 amdt 1.144
s 8	am Ord1982‑51 s 2
	sub Ord1984‑57 s 6
	am A1990‑28 s 6; A1993‑64 sch 1
	sub A2001‑44 amdt 1.4125
	am A2002‑27 s 79
	sub A2005‑60 amdt 1.163
	am A2015‑33 amdt 1.231; A2016‑13 amdt 1.144; A2016‑18 amdt 3.215, amdt 3.216
Failure to compile and publish register
s 9 hdg	sub A2001‑44 amdt 1.4126
s 9	am Ord1966‑19 (as am by Ord1967‑36);Ord1974‑18 s 6; Ord1984‑57 s 7; A1998‑1 s 6; A2005‑60 amdt 1.164, amdt 1.165
Payment of unclaimed amounts to public trustee and guardian
s 10 hdg	am A2013‑11 amdt 1.19; A2016‑13 amdt 1.144
s 10	am Ord1974‑18 s 7; Ord1984‑57 s 8; Ord1989‑38 sch 1; A2001‑44 amdt 1.4127
	sub A2005‑60 amdt 1.166
	am A2013‑11 amdt 1.19; A2016‑13 amdt 1.144
Failure to pay unclaimed amounts
s 11 hdg	sub A2005‑60 amdt 1.167
s 11	am Ord1966‑19; Ord1974‑18 s 8; Ord1984‑57 s 9; Ord1989‑38 sch 1; A1998‑1 s 7; A2005‑60 amdts 1.168‑1.170; A2013‑11 amdt 1.19; A2016‑13 amdt 1.144
Examination of accounts etc
s 12	am Ord1966‑19; Ord1982‑51 s 2; Ord1984‑57 s 10; A1990‑28 s 6; A1993‑64 sch 1; A1998‑1 s 8; A2002‑27 s 80
	om A2005‑60 amdt 1.171
Payment of unclaimed amounts to claimants
s 13 hdg	sub A2005‑60 amdt 1.172
s 13	sub Ord1974‑18 s 9
	am Ord1982‑51 s 2; Ord1984‑57 s 11; Ord1988‑17 sch 2; Ord1989‑38 sch 1; A2005‑60 amdts 1.173-1.176
	om A2013‑11 amdt 1.20
Recovery of penalties
s 14	om A2005‑60 amdt 1.177
Pt 3 does not apply to certain unclaimed amounts
s 15	sub A2005‑60 amdt 1.178
Unclaimed superannuation benefits
pt 4 hdg	ins A1997‑34 s 4
	om A2010‑50 amdt 1.47
Definitions—pt 4
s 16	ins A1997‑34 s 4
	om A2010‑50 amdt 1.47
	def approved deposit fund ins A1997‑34 s 4
	sub A2005‑60 amdt 1.179
	om A2010‑50 amdt 1.47
	def Commonwealth Act ins A1997‑34 s 4
	om A2010‑50 amdt 1.47
	def eligibility age ins A1997‑34 s 4
	sub A1998‑1 s 9
	om A2010‑50 amdt 1.47
	def fund ins A1997‑34 s 4
	om A2010‑50 amdt 1.47
	def regulated superannuation fund ins A1997‑34 s 4
	sub A2005‑60 amdt 1.180
	om A2010‑50 amdt 1.47
	def unclaimed amount ins A1997‑34 s 4
	sub A2005‑60 amdt 1.180
	om A2010‑50 amdt 1.47
Application—pt 4
s 17	ins A1997‑34 s 4
	am A1998‑1 s 10; A2005‑60 amdt 1.181
	om A2010‑50 amdt 1.47
Unclaimed amounts for pt 4
s 18 hdg	sub A2005‑60 amdt 1.182
s 18	ins A1997‑34 s 4
	am A2005‑60 amdt 1.183, amdt 1.184
	om A2010‑50 amdt 1.47
Deeming age or sex
s 19	ins A1997‑34 s 4
	om A2010‑50 amdt 1.47
Statement of unclaimed amounts
s 20 hdg	sub A2005‑60 amdt 1.185
s 20	ins A1997‑34 s 4
	am A2001‑44 amdts 1.4128-1.4130; ss renum R3 LA (see A2001‑44 amdt 1.4131); A2005‑60 amdt 1.186
	om A2010‑50 amdt 1.47
Payment of unclaimed amounts to Minister
s 21 hdg	sub A2005‑60 amdt 1.187
s 21	ins A1997‑34 s 4
	am A1998‑1 s 11
	om A2010‑50 amdt 1.47
Discharge of trustee from liability
s 22	ins A1997‑34 s 4
	om A2010‑50 amdt 1.47
Payment to person entitled
s 23	ins A1997‑34 s 4
	am A2001‑44 amdts 1.4132-1.4134; A2005‑60 amdt 1.188
	om A2010‑50 amdt 1.47
Repayment of excess amounts
s 24 hdg	sub A2005‑60 amdt 1.189
s 24	ins A1997‑34 s 4
	om A2010‑50 amdt 1.47
Register of amounts received by Minister
s 25 hdg	sub A2005‑60 amdt 1.190
s 25	ins A1997‑34 s 4
	am A2005‑60 amdt 1.191
	om A2010‑50 amdt 1.47
Payment of unclaimed amounts to claimants
pt 5 hdg	ins A1998‑1 s 12
	sub A2013‑11 amdt 1.21
Meaning of unclaimed money—pt 5
s 26	ins A1998‑1 s 12
	sub A2013‑11 amdt 1.21
	am A2016‑13 amdt 1.144
	def Commonwealth Act ins A1998‑1 s 12
	om A2013‑11 amdt 1.21
	def holder ins A1998‑1 s 12
	sub A2005‑60 amdt 1.192
	om A2013‑11 amdt 1.21
	def RSA ins A1998‑1 s 12
	sub A2005‑60 amdt 1.192
	om A2013‑11 amdt 1.21
	def RSA provider ins A1998‑1 s 12
	sub A2005‑60 amdt 1.192
	om A2013‑11 amdt 1.21
	def unclaimed RSA money ins A1998‑1 s 12
	om A2013‑11 amdt 1.21
Who may apply for unclaimed money
s 27	ins A1998‑1 s 12
	sub A2013‑11 amdt 1.21
	am A2016‑13 amdt 1.144
Representatives of people claiming unclaimed money
s 28	ins A1998‑1 s 12
	am A2001‑44 amdts 1.4135-1.4137; ss renum R3 LA (see A2001‑44 amdt 1.4138)
	sub A2013‑11 amdt 1.21
Decision about application for payment of unclaimed money
s 29	ins A1998‑1 s 12
	sub A2013‑11 amdt 1.21
	am A2016‑13 amdt 1.144
Reviewable decision notice
s 30	ins A1998‑1 s 12
	sub A2013‑11 amdt 1.21
	am A2016‑13 amdt 1.144
Review by ACAT
s 31	ins A1998‑1 s 12
	am A2001‑44 amdts 1.4139-1.4141
	sub A2013‑11 amdt 1.21
	am A2016‑13 amdt 1.144
Repayment of excess amount
s 32	ins A1998‑1 s 12
	om A2013‑11 amdt 1.21 
	am A2016‑13 amdt 1.144
Register of unclaimed RSA money received
s 33	ins A1998‑1 s 12
	om A2013‑11 amdt 1.21
	am A2016‑13 amdt 1.144
Unclaimed money register
s 33A	am A2016‑13 amdt 1.144
Miscellaneous
pt 6 hdg	ins A2010‑50 amdt 1.48
	exp 21 March 2011 (s 37)
	ins A2012‑13 amdt 1.43
Unclaimed money register
s 33A	ins A2012‑13 amdt 1.43
Determination of fees
s 34	ins A2001‑44 amdt 1.4142
Approved forms
s 35	ins A2001‑44 amdt 1.4142
Transitional—payment of money to the Commissioner of Taxation
s 36	ins A2010‑50 amdt 1.48
	exp 21 March 2011 (s 37)
Expiry—pt 6
s 37	ins A2010‑50 amdt 1.48
	exp 21 March 2011 (s 37)
The Schedules
hdg	om A2001‑44 amdt 1.4143
First Schedule
	am A1974‑18 s 10
	om A2001‑44 amdt 1.4144
Second Schedule
	am Ord1974‑18 s 11; Ord1984‑57 s 12
	om A2001‑44 amdt 1.4144
Dictionary
dict	ins A2005‑60 amdt 1.193
	am A2013‑11 amdt 1.22; A2016‑13 amdt 1.144
	def approved deposit fund ins A2005‑60 amdt 1.193
	om A2010‑50 amdt 1.49
	def Commonwealth Act ins A2005‑60 amdt 1.193
	sub A2010‑50 amdt 1.50
	om A2013‑11 amdt 1.23
	def company am Ord1982‑38 sch 4; Ord1984‑57 s 3; A1993‑64 sch 1; A1995‑46 sch; A2002‑45 amdt 6.8
	sub A2005‑60 amdt 1.146
	reloc from s 2 A2005‑60 amdt 1.148
	def corresponding law am Ord1982‑51 s 2; Ord1988‑17 sch 2
	sub A2001‑44 amdt 1.4120
	reloc from s 2 A2005‑60 amdt 1.148
	def data processing device ins A1998‑1 s 5
	reloc from s 2 A2005‑60 amdt 1.148
	def eligibility age ins A2005‑60 amdt 1.193
	om A2010‑50 amdt 1.51
	def fund ins A2005‑60 amdt 1.193
	om A2010‑50 amdt 1.51
	def half year ins A1998‑1 s 5
	reloc from s 2 A2005‑60 amdt 1.148
	def holder ins A2005‑60 amdt 1.193
	om A2013‑11 amdt 1.23
	def registered office ins A1998‑1 s 5
	sub A2005‑60 amdt 1.147
	reloc from s 2 A2005‑60 amdt 1.148
	def regulated superannuation fund ins A2005‑60 amdt 1.193
	om A2010‑50 amdt 1.51
	def RSA ins A2005‑60 amdt 1.193
	om A2013‑11 amdt 1.23
	def RSA provider ins A2005‑60 amdt 1.193
	om A2013‑11 amdt 1.23
	def trust account ins A1998‑1 s 5
	reloc from s 2 A2005‑60 amdt 1.148
	am A2011‑22 amdt 1.447
	def unclaimed amount ins A2005‑60 amdt 1.193
	sub A2010‑50 amdt 1.52
	def unclaimed money ins A2013‑11 amdt 1.24
	def unclaimed RSA money ins A2005‑60 amdt 1.193
	om A2013‑11 amdt 1.25

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date	
1	A1990‑28	31 May 1991	
2	A1997‑34	30 June 1997	
3	A2001‑44	24 January 2002	
4	A2002‑27	7 October 2002	
5	A2003‑2	31 March 2003	
6	A2003‑2	5 June 2003	
7	A2005‑60	22 December 2005	
8	A2010‑50	21 December 2010	
9	A2010‑50	22 March 2011	
10	A2011‑22	1 July 2001	
11	A2012‑13	12 April 2012	
12	A2013‑11	4 April 2013	
13	A2015‑33	14 October 2015	
14	A2016-13	1 April 2016	

©  Australian Capital Territory 2016