Unclaimed Money Regulations 2019 (Vic)

Version No. 001

Unclaimed Money Regulations 2019

S.R. No. 6/2019

Version as at

17 February 2019

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definition

6Form of the business register of unclaimed money

7Details to be included in the business register of unclaimed money

8Time for VCAT to re-open matter

9Authorised recipient to receive a permitted disclosure

Schedule 1—Forms

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Unclaimed Money Regulations 2019

S.R. No. 6/2019

Version as at

17 February 2019

1Objectives

The objectives of these Regulations are—

(a)to prescribe the form of the business register of unclaimed money; and

(b)to prescribe the details to be entered into the business register of unclaimed money; and

(c)to provide for the time within which VCAT may re-open a matter when an objector is in default of appearance; and

(d)to prescribe the Secretary to the Department of Education and Training as an authorised recipient.

2Authorising provision

These Regulations are made under section 103 of the Unclaimed Money Act 2008.

3Commencement

These Regulations come into operation on 17 February 2019.

4Revocation

The Unclaimed Money Regulations 2009[1] are revoked.

5Definition

In these Regulations—

the Act means the Unclaimed Money Act 2008.

6Form of the business register of unclaimed money

For the purposes of section 11(1)(a) of the Act, the prescribed form of the business register of unclaimed money is Form 1 in Schedule 1.

7Details to be included in the business register of unclaimed money

For the purposes of section 11(1)(b) of the Act, the prescribed details to be entered in the business register of unclaimed money (if known and applicable) are—

(a)the full name and last known address of the owner of the unclaimed money; and

(b)the date of birth of the owner; and

(c)the ABN or ACN of the owner; and

(d)a business reference for the owner; and

(e)a description of the unclaimed money; and

(f)the date on which the unclaimed money first became legally payable; and

(g)the gross amount of the unclaimed money.

8Time for VCAT to re-open matter

The time prescribed for the purposes of section 63(3) of the Act is the period of 6 weeks commencing on the day on which the assessment, reassessment or decision made under section 30 of the Act is confirmed by VCAT.

9Authorised recipient to receive a permitted disclosure

For the purposes of section 77(1)(g)(viii) of the Act, the Secretary to the Department of Education and Training is an authorised recipient.

Schedule 1—Forms

FORM 1

Regulation 6

Unclaimed Money Act 2008

BUSINESS REGISTER OF UNCLAIMED MONEY

Name of owner and address
Date of birth of owner

ABN/
ACN

Business reference


Description

Date payable


Amount

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Unclaimed Money Regulations 2019, S.R. No. 6/2019 were made on 12 February 2019 by the Governor in Council under section 103 of the Unclaimed Money Act 2008, No. 44/2008 and came into operation on 17 February 2019: regulation 3.

The Unclaimed Money Regulations 2019 will sunset 10 years after the day of making on 12 February 2029 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•    Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•    Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•    Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•    Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•    Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Unclaimed Money Regulations 2019 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4: S.R. No. 11/2009.