Territory of Christmas Island
Unclaimed Moneys Ordinance 1974
No. 3 of 1974
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under the Christmas Island Act 1958-1973.
Dated 13 August, 1974.
JOHN R. KERR
Governor-General
By His Excellency’s Command,
LIONEL BOWEN
Special Minister of State
Territory of Christmas Island
Unclaimed Moneys Ordinance 1974
Ordinance No. 3 of 1974
made under the
Christmas Island Act 1958-1973
An Ordinance relating to Unclaimed Moneys in the Hands of Employers
Contents
Page
1 Short title 2
2 Unclaimed moneys 2
3 Administrator to pay money to an employee out of Consolidated Revenue Fund 3
4 Discharge to employer 3
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1 Short title
This Ordinance may be cited as the Unclaimed Moneys Ordinance 1974.1
2 Unclaimed moneys
(1) Subject to subsection (2), where:
(a) an employee has left the employ of an employer without having been paid an amount of money to which he is entitled to be paid by the employer; and
(b) the employer is unable to pay the amount to the employee because the whereabouts of the employee are unknown to him,
the employer may pay into the Consolidated Revenue Fund an amount equal to the amount referred to in paragraph (a).
(2) An employer shall not pay an amount into the Consolidated Revenue Fund under subsection (1) unless:
(a) he has caused a prescribed notice to be published in the Government Gazette of the Territory and in a newspaper circulating in the place where the employee was recruited by the employer; and
(b) a period of six months has elapsed since the date on which the prescribed notice was published in accordance with paragraph (a).
(3) For the purposes of subsection (2) a prescribed notice is a notice that contains particulars of:
(a) the full names of the employer and the employee;
(b) the period during which the employee was employed in Christmas Island by the employer; and
(c) the last known address of the employee in the place where he was recruited by the employer,
and states that the employee is entitled to be paid an amount of money by the employer.
3 Administrator to pay money to an employee out of Consolidated Revenue Fund
Where an amount of money to which an employee is entitled has been paid into the Consolidated Revenue Fund under section 2, the Administrator shall, at the written request of that employee, pay to that employee an amount of money equal to the first-mentioned amount.
4 Discharge to employer
Payment of an amount to the Consolidated Revenue Fund in pursuance of section 2 is a sufficient discharge to the employer, as against the employee, for the amount paid.
1. Notified in the Commonwealth of Australia Gazette on 27 August 1974.
Overview
The Unclaimed Moneys Ordinance 1974 was enacted by the Christmas Island Administration under the authority of the Christmas Island Act 1958-1973 to address the issue of employees leaving employment without receiving their entitled wages when their whereabouts are unknown to their employers. This legislative instrument provides a mechanism for employers to deposit unclaimed wages into the Consolidated Revenue Fund, ensuring that employees can still claim their due payments even if they cannot be located by their former employers. The policy objective is to safeguard employees' rights to their earnings while also relieving employers from indefinite liability for such funds.
The Ordinance stipulates that employers must publish a prescribed notice in both the Government Gazette and a local newspaper before depositing the unclaimed wages into the Consolidated Revenue Fund. This notice must include specific details such as the employer's and employee's full names, the employment period, and the employee's last known address. After a six-month waiting period, the employer can then deposit the amount into the Fund. Subsequently, the Administrator is mandated to pay the equivalent amount to the employee upon their written request, thereby discharging the employer from any further liability concerning the unpaid wages.
Scope and Application
The Unclaimed Moneys Ordinance 1974 applies to employers on Christmas Island who have employees that leave their employment without receiving amounts of money to which they are entitled, and where the whereabouts of the employee are unknown to the employer. Under this Ordinance, the employer may pay the unclaimed amount into the Consolidated Revenue Fund, provided certain conditions are met. These conditions include publishing a notice in the Government Gazette of the Territory and in a newspaper circulating in the recruitment area, and waiting for a period of six months after the notice is published. The Administrator of the Territory is then obligated to pay the amount to the employee upon their written request. This Ordinance provides a legal mechanism for employers to relinquish responsibility for unclaimed wages and ensures that employees have an opportunity to claim their due payments. The geographic reach of this legislation is limited to the Territory of Christmas Island, and it does not extend beyond its jurisdictional boundaries. There are no stated exclusions, exemptions, or thresholds in the primary legislation, and the application is not extended or restricted through subordinate instruments.
Key Provisions
The Unclaimed Moneys Ordinance 1974, specifically sections 2 and 3, outlines the process for handling payments that are owed to employees who have left their employment without being paid. According to section 2, if an employee leaves employment and the employer cannot pay them because their whereabouts are unknown, the employer can deposit the owed amount into the Consolidated Revenue Fund. This must only occur after certain conditions are met, such as publishing a notice in the Government Gazette of the Territory and in a local newspaper, and waiting for a period of six months from the date of publication. Section 3 states that the Administrator will then pay the employee the deposited amount if the employee makes a written request for it.
The obligations imposed on the parties by this Act are primarily on the employer. The employer must ensure that they follow the notice requirements stipulated in section 2, which includes publishing the prescribed notice in the Government Gazette and a local newspaper. This notice must include specific details such as the names of the employer and employee, the period of employment, and the employee's last known address. Failure to adhere to these notice requirements will prevent the employer from depositing the money into the Consolidated Revenue Fund. Additionally, once the prescribed period has elapsed, the employer can deposit the owed amount into the Consolidated Revenue Fund, thereby discharging their liability to the employee.
Failure to comply with the requirements of this Ordinance can lead to legal consequences. While the Ordinance does not explicitly state any criminal penalties for non-compliance, it does establish clear procedures and obligations that, if not followed, could result in the employer being liable for the unpaid amount. For example, if an employer fails to publish the required notice, they cannot deposit the money into the Consolidated Revenue Fund, leaving them still liable for the employee's unpaid wages. Additionally, if an employer deposits the money without following the notice requirements, they might face legal challenges from the employee regarding the validity of the discharge. Therefore, understanding and adhering to these provisions is crucial to avoid potential legal issues.