Unclaimed Moneys (Amendment) Act 1984 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Unclaimed Moneys (Amendment) Ordinance 1984

No. 57 of 1984

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 18 October 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

GARETH EVANS

Attorney-General

An Ordinance to amend the Unclaimed Moneys Ordinance 1950

Short title

1.  This Ordinance may be cited as the Unclaimed Moneys (Amendment) Ordinance 1984.¹

Principal Ordinance

2.  In this Ordinance, “Principal Ordinance” means the Unclaimed Moneys Ordinance 1950.²

Interpretation

3.  Section 3 of the Principal Ordinance is amended—

(a)by inserting “, unless the contrary intention appears” after “Ordinance” (first occurring); and

(b)by omitting “a recognized company” from paragraph (a) of the definition of “company”.

Unclaimed assets in hands of liquidator

4.  Section 4 of the Principal Ordinance is amended—

(a)by omitting from sub-sections (1), (3) and (4) “Australia” and substituting “the Commonwealth”;

(b)by omitting from sub-section (4) “Secretary, Attorney-General’s Department,” and substituting “Corporate Affairs Commission”; and

(c)by omitting from sub-section (5) “Australia” and substituting “the Commonwealth”.

Payments to persons entitled

5.  Section 5 of the Principal Ordinance is amended by omitting from sub‑sections (1), (2) and (4) “Australia” and substituting “the Commonwealth”.

6.  Section 8 of the Principal Ordinance is repealed and the following section substituted:

Gazettal, &c., of register

“8.  Where, in pursuance of sub-section 7 (1), particulars of unclaimed moneys have been entered in a register kept by a company in respect of a year, the company shall, not later than the last day of March in the next succeeding year—

(a)cause the particulars entered in the register in relation to each amount of unclaimed moneys exceeding $10 to be published in a daily newspaper published in the Territory;

(b)cause a copy of the register to be published in the Gazette; and

(c)lodge with the Corporate Affairs Commission a copy of the register together with a copy of a statutory declaration in accordance with the form set out in the Second Schedule made by an officer of the company.”.

Failure to compile, gazette or lodge register

7.  Section 9 of the Principal Ordinance is amended by omitting from sub‑section (1) “Four dollars” and substituting “$30”.

Payment of unclaimed moneys

8.  Section 10 of the Principal Ordinance is amended by omitting from sub‑section (1) “Australia” and substituting “the Commonwealth”.

Failure to pay unclaimed moneys

9.  Section 11 of the Principal Ordinance is amended by omitting from sub‑section (1) “Australia” and “Four dollars” and substituting “the Commonwealth” and “$30” respectively.

Examination of accounts, &c.

10.  Section 12 of the Principal Ordinance is amended—

(a)by omitting from sub-section (1) “Attorney-General may, at any time after receipt of a copy of a register in pursuance of section eight of this Ordinance” and substituting “Corporate Affairs Commission, or a person authorized by it in writing for the purposes of this sub-section may, at any time after lodgment of a copy of a register in pursuance of section 8”;

(b)by omitting from sub-section (1) “before him, or before such person as he appoints” and substituting “to it or him, as the case requires”;

(c)by omitting from sub-section (1) “he” (last occurring) and substituting “it”;

(d)by omitting from sub-section (2) “Attorney-General” and substituting “Corporate Affairs Commission”; and

(e)by omitting from sub-section (3) “Two hundred dollars” and substituting “$1,000”.

Payment of moneys to lawful claimant

11.  Section 13 of the Principal Ordinance is amended—

(a)by omitting from sub-sections (1), (2), (3) and (4) “Australia” (wherever occurring) and substituting “the Commonwealth”; and

(b)by omitting from sub-section (4) “Attorney-General” and substituting “Treasurer”.

Second Schedule

12.  The Second Schedule to the Principal Ordinance is amended by omitting “1911-1944” and substituting “1959”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 October 1984.

2. No. 15, 1950 as amended by No. 14, 1954; No. 7, 1962; No. 19, 1966; No. 36, 1967; Nos. 18 and 57, 1974; No. 64, 1976; No. 65, 1977; No. 49, 1978; Nos. 38 and 51, 1982.