{"id":"nsw:act-1995-075","name":"Unclaimed Money Act 1995","slug":"unclaimed-money-act-1995","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"75 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105818,"registerId":"nsw-act-1995-075-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Unclaimed Money Act 1995](/view/html/inforce/current/act-1995-075).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> account includes a record of money held on account of another person or body.\n> \n> applicant means a person who applies under section 17 for the repayment of unclaimed money paid to the Chief Commissioner.\n> \n> Chief Commissioner means the Chief Commissioner of State Revenue appointed under the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097).\n> \n> Commonwealth Superannuation Act means the [Superannuation Industry (Supervision) Act 1993](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> compliance notice—see section 26N(1).\n> \n> enterprise means a person, partnership, association, society, institution, organisation or other body, whether or not incorporated, that—\n> \n> > (a) operates in any way (or, in the case of a natural person, has a residential address) in the State, and\n> \n> > (b) holds money on account of another person or body,\n> \n> but does not include a bank (within the meaning of the [Banking Act 1959](http://www.legislation.gov.au/) of the Commonwealth) or a building society, credit union or friendly society.\n> \n> exercise a function includes perform a duty.\n> \n> function includes a power, authority or duty.\n> \n> officer of an enterprise or public sector superannuation provider that is not a natural person means a person who is concerned in or takes part in the management of the enterprise or public sector superannuation provider, and includes a person in accordance with whose instructions the enterprise or public sector superannuation provider is managed or controlled.\n> \n> owner of money means the person who is entitled to the money (or the person who would be so entitled except for the operation of the [Limitation Act 1969](/view/html/inforce/current/act-1969-031)), and includes the person’s executors, administrators and assigns and the lawful attorney or agent in the State of the person, executor, administrator or assign.\n> \n> public sector superannuation provider means a public sector superannuation provider within the meaning of Part 3A.\n> \n> record includes—\n> \n> > (a) any book, account, deed, writing or document, and\n> \n> > (b) any other source of information compiled, recorded or stored in written form, or on microfilm or by electronic process, or stored in any other manner or by any other means.\n> \n> return means a return required by section 10 or 13B.\n> \n> unclaimed superannuation benefit means an amount that is taken to be unclaimed money under the [Superannuation (Unclaimed Money and Lost Members) Act 1999](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 3:** Am 1997 No 30, Sch 1 \\[1\\]–\\[4\\]; 1999 No 10, Sch 7 \\[1\\]–\\[6\\]; 2000 No 52, Sch 1 \\[1\\]–\\[4\\]; 2008 No 67, Sch 7 \\[1\\] \\[2\\]; 2016 No 14, Sch 6 \\[1\\]; 2023 No 18, Sch 10\\[1\\]; 2025 No 37, Sch 8\\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Operation on account","content":"#### 4 Operation on account\n\n4 Operation on account\n\n> > (1) For the purposes of this Act, an account is taken to be operated on during any period that money is held in the account pursuant to an agreement (other than an implied agreement) to hold the money for a fixed term.\n> \n> > (2) However, the debiting of a fee, duty, tax or charge, or the crediting of interest or a dividend, to an account does not constitute an operation on the account.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Money held by enterprise","content":"#### 5 Money held by enterprise\n\n5 Money held by enterprise\n\n> > (1) In this Act, a reference to money held by an enterprise—\n> > \n> > > (a) includes a reference to money that is in the hands or under the control of the enterprise, and\n> > \n> > > (b) is, in relation to an enterprise that does not have a separate legal personality, taken to be a reference to money held by the members for the time being of the enterprise for the purposes of the enterprise.\n> \n> > (2) In this section, member of an enterprise means a person, body or organisation that is, under its rules of membership, a member of the enterprise, or, if the rules do not provide for membership of the enterprise, a person, body or organisation that is a member of the body that governs or has the management of the enterprise.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Act binds Crown","content":"#### 6 Act binds Crown\n\n6 Act binds Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Unclaimed money","content":"# Part 2 Unclaimed money\n\nPart 2 Unclaimed money","sortOrder":7},{"sectionNumber":"6A","sectionType":"section","heading":"Part does not apply to unclaimed agent trust money","content":"#### 6A Part does not apply to unclaimed agent trust money\n\n6A Part does not apply to unclaimed agent trust money\n\n> This Part does not apply to money that is unclaimed money under Part 2A (Trust money under [Property and Stock Agents Act 2002](/view/html/inforce/current/act-2002-066)).\n> \n> **s 6A:** Ins 2013 No 3, Sch 2 \\[1\\]. Am 2018 No 5, Sch 2.17\\[1\\].","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Unclaimed money","content":"#### 7 Unclaimed money\n\n7 Unclaimed money\n\n> > (1) For the purposes of this Act, money is unclaimed money if it is money of a kind referred to in section 8 that an enterprise holds in an account that has not been operated on for at least—\n> > \n> > > (a) 2 years, or\n> > \n> > > (b) for a particular enterprise—a shorter period of at least 12 months that is—\n> > > \n> > > > (i) requested by the enterprise, and\n> > > \n> > > > (ii) approved by the Chief Commissioner.\n> \n> > (2) The account may include—\n> > \n> > > (a) money whose owner is not identifiable, and\n> > \n> > > (b) money owned jointly or severally by 2 or more persons.\n> \n> **s 7:** Am 2025 No 37, Sch 8\\[2\\] \\[3\\].","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Money that may constitute unclaimed money","content":"#### 8 Money that may constitute unclaimed money\n\n8 Money that may constitute unclaimed money\n\n> Money may be unclaimed money only if it is one of the following kinds—\n> \n> > (a) money (including principal and interest, dividends, bonuses and profits) the recovery of which has been or may be barred by operation of law,\n> \n> > (b) money on deposit,\n> \n> > (c) share capital subscribed for a share in a body from which the capital subscribed may be withdrawn by the subscriber.","sortOrder":10},{"sectionNumber":"8A","sectionType":"section","heading":"Enterprise must first make reasonable efforts to ensure owner is paid money","content":"#### 8A Enterprise must first make reasonable efforts to ensure owner is paid money\n\n8A Enterprise must first make reasonable efforts to ensure owner is paid money\n\n> > (1) An enterprise that holds any money of a kind referred to in section 8 in an account referred to in section 7 (1) must make reasonable efforts—\n> > \n> > > (a) to identify and locate the owner of the money, and\n> > \n> > > (b) to ensure that the money is paid to the owner of the money.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—250 penalty units, or\n> > \n> > > (b) otherwise—500 penalty units.\n> \n> > (2) Money held by an enterprise in an account is not unclaimed money (despite section 7) unless, after making reasonable efforts and after a reasonable period has passed, the enterprise is unable to ensure that the money is paid to the owner of the money.\n> \n> > (3) This section does not apply in respect of any money that is not unclaimed money because of section 9.\n> \n> **s 8A:** Ins 2001 No 96, Sch 4 \\[1\\]. Am 2025 No 37, Sch 8\\[4\\].","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Certain money not unclaimed money","content":"#### 9 Certain money not unclaimed money\n\n9 Certain money not unclaimed money\n\n> > (1) Money held by an enterprise in an account is not unclaimed money at any particular time (despite section 7) if, at that time, the recovery of the money by its owner is not barred by operation of law and—\n> > \n> > > (a) the enterprise holding the money also holds other money (not being unclaimed money) of the owner in an account, or\n> > \n> > > (b) the enterprise (or an officer of an enterprise that is not a natural person) knows or has reason to believe that the owner of the money wishes to retain the money in the account.\n> \n> > (2) However, an enterprise (or an officer of an enterprise that is not a natural person) does not have reason to believe that an owner wishes to retain money in an account merely because the owner does not respond to a communication from the enterprise (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.\n> \n> > (2A) Money held by an enterprise in an account is not unclaimed money if the enterprise, or an officer of an enterprise that is not a natural person, knows or has reason to believe that the account has not been operated on for the period specified in section 7(1) because of a dispute between 1 or more persons about who the owner of the money is.\n> \n> > (3) For the purposes of this Act, money is not unclaimed money if—\n> > \n> > > (a) the money is, or is of a class, prescribed by the regulations as exempt from the operation of this Act, or\n> > \n> > > (b) the money is held by an enterprise that is, or is of a class, prescribed by the regulations as exempt from the operation of this Act, or\n> > \n> > > (c) the amount of money in the account concerned does not exceed $100.\n> \n> **s 9:** Am 2001 No 96, Sch 4 \\[2\\]; 2003 No 80, Sch 7 \\[1\\]; 2023 No 18, Sch 10\\[2\\].","sortOrder":12},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Trust money under Property and Stock Agents Act 2002","content":"# Part 2A Trust money under Property and Stock Agents Act 2002\n\nPart 2A Trust money under [Property and Stock Agents Act 2002](/view/html/inforce/current/act-2002-066)\n\n**pt 2A, hdg:** Ins 2013 No 3, Sch 2 \\[2\\]. Am 2018 No 5, Sch 2.17\\[2\\].\n\n**pt 2A:** Ins 2013 No 3, Sch 2 \\[2\\].","sortOrder":13},{"sectionNumber":"9A","sectionType":"section","heading":"Definitions","content":"#### 9A Definitions\n\n9A Definitions\n\n> In this Part, licensee, former licensee and trust account have the same meanings as in the [Property and Stock Agents Act 2002](/view/html/inforce/current/act-2002-066).\n> \n> **s 9A:** Ins 2013 No 3, Sch 2 \\[2\\]. Am 2018 No 5, Sch 2.17\\[1\\].","sortOrder":14},{"sectionNumber":"9B","sectionType":"section","heading":"Unclaimed trust money held by licensee","content":"#### 9B Unclaimed trust money held by licensee\n\n9B Unclaimed trust money held by licensee\n\n> > (1) Money that has been held by a licensee for more than 2 years in a trust account kept by the licensee is unclaimed money for the purposes of this Act.\n> \n> > (2) A licensee who has held money for more than 2 years in a trust account kept by the licensee must make reasonable efforts—\n> > \n> > > (a) to identify and locate the owner of the money, and\n> > \n> > > (b) to ensure that the money is paid to the owner of the money.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—250 penalty units, or\n> > \n> > > (b) otherwise—500 penalty units.\n> \n> Note.\n> \n> Unclaimed money is required to be paid to the Chief Commissioner after 30 June in each year. See section 10.\n> \n> **s 9B:** Ins 2013 No 3, Sch 2 \\[2\\]. Am 2025 No 37, Sch 8\\[4\\].","sortOrder":15},{"sectionNumber":"9C","sectionType":"section","heading":"Unclaimed trust money held by former licensee or personal representative","content":"#### 9C Unclaimed trust money held by former licensee or personal representative\n\n9C Unclaimed trust money held by former licensee or personal representative\n\n> > (1) Money held in a trust account by a former licensee or the personal representative of a deceased licensee is unclaimed money for the purposes of this Act but section 10 does not apply to the money.\n> \n> > (2) A former licensee, or the personal representative of a deceased licensee, who holds unclaimed money must within the required time for compliance with this section—\n> > \n> > > (a) lodge with the Chief Commissioner a return relating to the unclaimed money in a form approved by the Chief Commissioner, and\n> > \n> > > (b) pay the amount of the unclaimed money to the Chief Commissioner.\n> \n> > (3) The required time for compliance with this section is 3 months after the date on which the person ceased to be a licensee or became the personal representative of the deceased licensee (or such longer period as the Chief Commissioner may in a particular case allow).\n> \n> > (4) The Chief Commissioner is to pay money received under this section into the Consolidated Fund.\n> \n> > (5) A former licensee, or the personal representative of a deceased licensee, who fails to comply with this section is guilty of an offence and is liable—\n> > \n> > > (a) to a penalty not exceeding 250 penalty units for an individual or 500 penalty units otherwise, and\n> > \n> > > (b) to a further penalty not exceeding 50 penalty units for each day after the period within which he or she was required to comply during which the failure continues.\n> \n> **s 9C:** Ins 2013 No 3, Sch 2 \\[2\\]. Am 2025 No 37, Sch 8\\[5\\] \\[6\\].","sortOrder":16},{"sectionNumber":"9D","sectionType":"section","heading":"Regulations","content":"#### 9D Regulations\n\n9D Regulations\n\n> Money is not unclaimed money under this Part if—\n> \n> > (a) the money is, or is of a class, prescribed by the regulations as exempt from the operation of this Part, or\n> \n> > (b) the money is held by an enterprise that is, or is of a class, prescribed by the regulations as exempt from the operation of this Part.\n> \n> **s 9D:** Ins 2013 No 3, Sch 2 \\[2\\].","sortOrder":17},{"sectionNumber":"Part 3","sectionType":"part","heading":"Payment of unclaimed money to Chief Commissioner","content":"# Part 3 Payment of unclaimed money to Chief Commissioner\n\nPart 3 Payment of unclaimed money to Chief Commissioner","sortOrder":18},{"sectionNumber":"10","sectionType":"section","heading":"Return and payment of unclaimed money to Chief Commissioner","content":"#### 10 Return and payment of unclaimed money to Chief Commissioner\n\n10 Return and payment of unclaimed money to Chief Commissioner\n\n> > (1) An enterprise that holds unclaimed money on 30 June in any year must, within 4 months after that date (or such longer period as the Chief Commissioner may in a particular case allow), lodge with the Chief Commissioner a return relating to that money in a form approved by the Chief Commissioner.\n> \n> > (1A) If, after 30 June and before the enterprise lodges the return with the Chief Commissioner, the enterprise pays any unclaimed money to the owner of the unclaimed money, the return must contain such particulars relating to the amounts so paid as are required by the form.\n> \n> > (1AA) An enterprise may include, in any return that it is required to lodge under this section, particulars of money that is not unclaimed money because it does not exceed $100 and section 9 (3) (c) applies to it. In any such case, the money is to be treated as unclaimed money for the purposes of this Part (other than subsections (1) and (1A) and section 12 (1)) and Parts 4 and 5.\n> \n> > (1B) The enterprise, when lodging the return, must pay to the Chief Commissioner an amount equal to the sum of the unclaimed money specified in the return less the sum of amounts paid by the enterprise and specified in accordance with subsection (1A).\n> \n> > (2) The Chief Commissioner is to pay money received under this section into the Consolidated Fund.\n> \n> > (3) An enterprise that fails to comply with subsection (1), (1A) or (1B) is guilty of an offence and is liable—\n> > \n> > > (a) to a penalty not exceeding 250 penalty units for an individual or 500 penalty units otherwise, and\n> > \n> > > (b) to a further penalty not exceeding 50 penalty units for each day after the period within which it was required to comply with that subsection during which the failure continues.\n> \n> **s 10:** Am 1997 No 30, Sch 1 \\[5\\]; 2001 No 96, Sch 4 \\[3\\] \\[4\\]; 2016 No 14, Sch 6 \\[2\\]; 2025 No 37, Sch 8\\[5\\] \\[6\\].","sortOrder":19},{"sectionNumber":"11","sectionType":"section","heading":"Copies and inspection of returns","content":"#### 11 Copies and inspection of returns\n\n11 Copies and inspection of returns\n\n> > (1) An enterprise that lodges a return must retain a copy of the return at the enterprise’s registered office or principal place of operation in the State (or, if the enterprise is a natural person, at a place nominated by the person and specified in the return).\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—20 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (2) The copy is to be retained for at least 6 years after the date on which it was lodged.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—20 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (3) The copy may be held in any form, but it must be readily able to be reproduced in the form of a document.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—20 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (4) An enterprise must make the retained copies of returns reasonably available for inspection by any person.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—20 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (5) The enterprise may charge an inspection fee of not more than $10 (or, if the regulations prescribe a greater amount for the purposes of this subsection, that greater amount).\n> \n> **s 11:** Am 2025 No 37, Sch 8\\[7\\].","sortOrder":20},{"sectionNumber":"12","sectionType":"section","heading":"Publication of information relating to unclaimed money","content":"#### 12 Publication of information relating to unclaimed money\n\n12 Publication of information relating to unclaimed money\n\n> > (1) The Chief Commissioner must publish sufficient information about the existence of each sum of unclaimed money paid to the Chief Commissioner under this Act if—\n> > \n> > > (a) the amount exceeds $100 or another amount prescribed by the regulations, and\n> > \n> > > (b) the identity of the owner of the money is known.\n> \n> > (2) The Chief Commissioner may also publish sufficient information about the existence of each sum of unclaimed money if—\n> > \n> > > (a) the amount—\n> > > \n> > > > (i) does not exceed $100 and is specified in a return under section 10(1AA) and paid to the Chief Commissioner, or\n> > > \n> > > > (ii) is paid to the Treasurer under the [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016), section 14 or the [Trustee Companies Act 1964](/view/html/inforce/current/act-1964-006), section 26, and\n> > \n> > > (b) the identity of the owner of the money is known.\n> \n> > (3) The Chief Commissioner may determine how information is published under this section.\n> > \n> > Example—\n> > \n> > Information may be published on Revenue NSW’s website.\n> \n> > (4) In this section—\n> > \n> > sufficient information means information the Chief Commissioner considers sufficient to give reasonable notice of sums of unclaimed money.\n> \n> **s 12:** Am 2001 No 22, Sch 5 \\[1\\]–\\[3\\]; 2003 No 80, Sch 7 \\[2\\]; 2010 No 46, Sch 12 \\[1\\]; 2015 No 7, Sch 2.43 \\[1\\]; 2016 No 14, Sch 6 \\[3\\]. Subst 2023 No 18, Sch 10\\[3\\].","sortOrder":21},{"sectionNumber":"13","sectionType":"section","heading":"Liability in respect of unclaimed money","content":"#### 13 Liability in respect of unclaimed money\n\n13 Liability in respect of unclaimed money\n\n> > (1) An enterprise that pays unclaimed money to the Chief Commissioner in compliance with this Act is relieved from all further liability (other than a liability arising under any other law) in respect of the money concerned.\n> \n> > (2) However, this section does not operate to relieve an enterprise from—\n> > \n> > > (a) any obligation to comply with section 11 or a requirement, notice or direction under Part 5, or\n> > \n> > > (b) liability in respect of money paid to the Chief Commissioner in purported compliance with this Act if the Chief Commissioner repays the money to the enterprise under Part 4.","sortOrder":22},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Unclaimed superannuation benefits","content":"# Part 3A Unclaimed superannuation benefits\n\nPart 3A Unclaimed superannuation benefits\n\n**pt 3A, hdg:** Ins 1997 No 30, Sch 1 \\[6\\]. Am 1999 No 10, Sch 7 \\[7\\]; 2000 No 52, Sch 1 \\[5\\].\n\n**pt 3A:** Ins 1997 No 30, Sch 1 \\[6\\].","sortOrder":23},{"sectionNumber":"Division 1","sectionType":"division","heading":"Definitions","content":"## Division 1 Definitions\n\nDivision 1 Definitions\n\n**pt 3A, div 1, hdg:** Ins 1997 No 30, Sch 1 \\[6\\].","sortOrder":24},{"sectionNumber":"13A","sectionType":"section","heading":"Definitions","content":"#### 13A Definitions\n\n13A Definitions\n\n> In this Part—\n> \n> beneficiary, in relation to a public sector superannuation scheme, has the same meaning as it has in section 10 (1) of the Commonwealth Superannuation Act.\n> \n> data processing device means any article or material (for example a disc) from which information is capable of being reproduced with or without the aid of any other article or device.\n> \n> half-year means a period of 6 months ending on 30 June or 31 December.\n> \n> member means a member of a public sector superannuation scheme.\n> \n> public sector superannuation provider means a trustee of a public sector superannuation scheme.\n> \n> public sector superannuation scheme means a State or Territory public sector superannuation scheme (within the meaning of section 18 of the [Superannuation (Unclaimed Money and Lost Members) Act 1999](http://www.legislation.gov.au/) of the Commonwealth) that is established—\n> \n> > (a) by or under a law of New South Wales, or\n> \n> > (b) under the authority of the Government of New South Wales or a body constituted by or under a law of New South Wales.\n> \n> tax file number has the same meaning as it has in the [Superannuation (Unclaimed Money and Lost Members) Act 1999](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> trustee means—\n> \n> > (a) in relation to a public sector superannuation scheme that is an STC scheme within the meaning of the [Superannuation Administration Act 1996](/view/html/inforce/current/act-1996-039), the SAS Trustee Corporation, and\n> \n> > (b) in relation to any other public sector superannuation scheme, the trustee of the scheme within the meaning of section 10 (1) of the Commonwealth Superannuation Act.\n> \n> **s 13A:** Ins 1997 No 30, Sch 1 \\[6\\]. Am 1999 No 10, Sch 7 \\[8\\] \\[9\\]; 2000 No 52, Sch 1 \\[6\\]; 2005 No 91, Sch 3.16 \\[1\\] \\[2\\]; 2008 No 67, Sch 7 \\[3\\] \\[4\\].","sortOrder":25},{"sectionNumber":"Division 2","sectionType":"division","heading":"Unclaimed superannuation benefits","content":"## Division 2 Unclaimed superannuation benefits\n\nDivision 2 Unclaimed superannuation benefits\n\n**pt 3A, div 2, hdg:** Ins 1997 No 30, Sch 1 \\[6\\]. Am 1999 No 10, Sch 7 \\[10\\]; 2000 No 52, Sch 1 \\[7\\].","sortOrder":26},{"sectionNumber":"13B","sectionType":"section","heading":"Return and payment of unclaimed superannuation benefits to Chief Commissioner","content":"#### 13B Return and payment of unclaimed superannuation benefits to Chief Commissioner\n\n13B Return and payment of unclaimed superannuation benefits to Chief Commissioner\n\n> > (1) A public sector superannuation provider must lodge with the Chief Commissioner a return, in a form approved by the Chief Commissioner, of all unclaimed superannuation benefits in the fund that is managed or provided by the public sector superannuation provider as at the end of each half-year.\n> \n> > (2) The public sector superannuation provider must lodge the return—\n> > \n> > > (a) in relation to a half-year ending on 30 June, on or before the following 1 November, and\n> > \n> > > (b) in relation to a half-year ending on 31 December, on or before the following 1 May,\n> > \n> > or on or before such later date as the Chief Commissioner may in a particular case allow by notice in writing to the public sector superannuation provider whether before or after 1 November or 1 May, as the case requires.\n> \n> > (3) If, after the end of a half-year and before the public sector superannuation provider lodges the return with the Chief Commissioner, the public sector superannuation provider pays any unclaimed superannuation benefit to a person who is entitled to it, the return must contain such particulars relating to the amounts so paid as are required by the form.\n> \n> > (4) The public sector superannuation provider, when lodging the return, must pay to the Chief Commissioner an amount equal to the sum of the unclaimed superannuation benefits specified in the statement less the sum of amounts paid by the public sector superannuation provider and specified in accordance with subsection (3).\n> \n> > (5) The Chief Commissioner is to pay money received under this section into the Consolidated Fund.\n> \n> > (6) An approval by the Chief Commissioner of a form or return for the purposes of this section—\n> > \n> > > (a) may require the return to contain the tax file number of—\n> > > \n> > > > (i) the public sector superannuation scheme, and\n> > > \n> > > > (ii) a member of the public sector superannuation scheme if the return relates to the member and the member has quoted his or her tax file number to the public sector superannuation provider, and\n> > \n> > > (b) may require or permit the return to be given on a specified kind of data processing device in accordance with specified software requirements.\n> \n> > (7) (Repealed)\n> \n> **s 13B:** Ins 1997 No 30, Sch 1 \\[6\\]. Am 1999 No 10, Sch 7 \\[11\\]; 2000 No 52, Sch 1 \\[8\\]–\\[12\\]; 2008 No 67, Sch 7 \\[5\\] \\[6\\].","sortOrder":27},{"sectionNumber":"13BA","sectionType":"section","heading":null,"content":"#### 13BA\n\n13BA (Repealed)","sortOrder":28},{"sectionNumber":"13C","sectionType":"section","heading":"Copies and inspection of returns","content":"#### 13C Copies and inspection of returns\n\n13C Copies and inspection of returns\n\n> > (1) A public sector superannuation provider that lodges a return must retain a copy of the return at the public sector superannuation provider’s registered office or principal place of operation in the State (or, if the public sector superannuation provider is a natural person, at a place nominated by the person specified in the return).\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—20 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (1A) (Repealed)\n> \n> > (2) The copy is to be retained for at least 5 years after the date on which it was lodged.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—20 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (3) A public sector superannuation provider must make the retained copies of returns reasonably available for inspection by any person.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—20 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (4) The public sector superannuation provider may charge an inspection fee of not more than $10 (or, if the regulations prescribe a greater amount for the purposes of this subsection, that greater amount).\n> \n> **s 13C:** Ins 1997 No 30, Sch 1 \\[6\\]. Am 1999 No 10, Sch 7 \\[13\\] \\[14\\]; 2000 No 52, Sch 1 \\[14\\] \\[15\\]; 2008 No 67, Sch 7 \\[5\\]; 2025 No 37, Sch 8\\[7\\].","sortOrder":30},{"sectionNumber":"13D","sectionType":"section","heading":"Publication of information relating to unclaimed benefits","content":"#### 13D Publication of information relating to unclaimed benefits\n\n13D Publication of information relating to unclaimed benefits\n\n> > (1) The Chief Commissioner is to cause to be published such information as appears to the Chief Commissioner to be sufficient to give reasonable notification of—\n> > \n> > > (a) the existence of each sum of unclaimed superannuation benefits paid to the Chief Commissioner under this Part, and\n> > \n> > > (b) the identity of the beneficiary (if known).\n> \n> > (2) The Chief Commissioner may determine the method by which such information is to be published. For example, the information may be published in the Gazette or on the Internet (or both).\n> \n> **s 13D:** Ins 1997 No 30, Sch 1 \\[6\\]. Am 1999 No 10, Sch 7 \\[15\\]; 2000 No 52, Sch 1 \\[16\\]; 2001 No 22, Sch 5 \\[1\\]–\\[3\\]; 2003 No 80, Sch 7 \\[3\\].","sortOrder":31},{"sectionNumber":"13E","sectionType":"section","heading":"Payment of unclaimed benefits where money later claimed","content":"#### 13E Payment of unclaimed benefits where money later claimed\n\n13E Payment of unclaimed benefits where money later claimed\n\n> > (1) If—\n> > \n> > > (a) any unclaimed superannuation benefits have been paid to the Chief Commissioner under this Part, and\n> > \n> > > (b) the Chief Commissioner is satisfied on application made by a person in a form approved by the Chief Commissioner that, if this Part and the [Superannuation (Unclaimed Money and Lost Members) Act 1999](http://www.legislation.gov.au/) of the Commonwealth had not been enacted, the person would have been paid that unclaimed superannuation benefit by the public sector superannuation provider by whom it was paid to the Chief Commissioner,\n> > \n> > the Chief Commissioner must pay that unclaimed superannuation benefit to that person.\n> \n> > (2) The approved form of application may include a request that the applicant provide his or her tax file number to the Chief Commissioner.\n> \n> > (3) A person is not obliged to comply with the request 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.\n> \n> **s 13E:** Ins 1997 No 30, Sch 1 \\[6\\]. Am 1999 No 10, Sch 7 \\[16\\] \\[17\\]; 2000 No 52, Sch 1 \\[17\\]–\\[19\\]; 2008 No 67, Sch 7 \\[5\\].","sortOrder":32},{"sectionNumber":"13F","sectionType":"section","heading":"Chief Commissioner must repay excess","content":"#### 13F Chief Commissioner must repay excess\n\n13F Chief Commissioner must repay excess\n\n> If a public sector superannuation provider, after paying an amount to the Chief Commissioner under this Part, satisfies the Chief Commissioner that the amount so paid exceeds the amount that would have been paid to the person concerned, or is not unclaimed superannuation benefits that are required to be paid to the Chief Commissioner under this Act, the Chief Commissioner must refund to the public sector superannuation provider the amount of the excess.\n> \n> **s 13F:** Ins 1997 No 30, Sch 1 \\[6\\]. Am 1999 No 10, Sch 7 \\[18\\]. Subst 2000 No 52, Sch 1 \\[20\\]. Am 2008 No 67, Sch 7 \\[5\\].","sortOrder":33},{"sectionNumber":"13G","sectionType":"section","heading":"Appropriation","content":"#### 13G Appropriation\n\n13G Appropriation\n\n> The Consolidated Fund is appropriated by this section for the purposes of, and to the extent necessary to permit, repayments or refunds by the Chief Commissioner under this Part.\n> \n> **s 13G:** Ins 1997 No 30, Sch 1 \\[6\\].","sortOrder":34},{"sectionNumber":"13H","sectionType":"section","heading":"Register of unclaimed superannuation benefits","content":"#### 13H Register of unclaimed superannuation benefits\n\n13H Register of unclaimed superannuation benefits\n\n> > (1) The Chief Commissioner must keep a register of unclaimed superannuation benefits paid to the Chief Commissioner under this Part.\n> \n> > (2) The register may be in such form, and kept in such manner, as the Chief Commissioner determines but must include particulars of—\n> > \n> > > (a) the unclaimed superannuation benefits paid to the Chief Commissioner by a public sector superannuation provider, and\n> > \n> > > (b) the member in respect of whom the unclaimed superannuation benefit was payable.\n> \n> > (3) The Chief Commissioner may give information contained in the register to the Commissioner of Taxation holding office under a law of the Commonwealth.\n> \n> **s 13H:** Ins 1997 No 30, Sch 1 \\[6\\]. Am 2000 No 52, Sch 1 \\[21\\] \\[22\\]; 2008 No 67, Sch 7 \\[5\\].","sortOrder":35},{"sectionNumber":"13HA","sectionType":"section","heading":null,"content":"#### 13HA\n\n13HA (Repealed)","sortOrder":36},{"sectionNumber":"13I","sectionType":"section","heading":"Discharge of liability","content":"#### 13I Discharge of liability\n\n13I Discharge of liability\n\n> A public sector superannuation provider is, on payment to the Chief Commissioner of an amount as required by this Part, discharged from further liability in its capacity as a public sector superannuation provider in respect of that amount.\n> \n> **s 13I:** Ins 1997 No 30, Sch 1 \\[6\\]. Am 1999 No 10, Sch 7 \\[20\\] \\[21\\]. Subst 2000 No 52, Sch 1 \\[24\\]. Am 2008 No 67, Sch 7 \\[5\\] \\[7\\].","sortOrder":38},{"sectionNumber":"13J","sectionType":"section","heading":"Public sector superannuation provider not in breach of trust","content":"#### 13J Public sector superannuation provider not in breach of trust\n\n13J Public sector superannuation provider not in breach of trust\n\n> Nothing done by a public sector superannuation provider in accordance with this Act is to be regarded for any purpose as constituting a breach of trust by the trustee.\n> \n> **s 13J:** Ins 1997 No 30, Sch 1 \\[6\\]. Am 2008 No 67, Sch 7 \\[8\\].","sortOrder":39},{"sectionNumber":"Division 3","sectionType":"division","heading":"Application of Part","content":"## Division 3 Application of Part\n\nDivision 3 Application of Part\n\n**pt 3A, div 3, hdg:** Ins 1997 No 30, Sch 1 \\[6\\].","sortOrder":40},{"sectionNumber":"13K","sectionType":"section","heading":"Part applies to NSW public sector superannuation schemes","content":"#### 13K Part applies to NSW public sector superannuation schemes\n\n13K Part applies to NSW public sector superannuation schemes\n\n> This Part applies to a public sector superannuation scheme of New South Wales and the provisions of this Part apply to the scheme and to the trustee of the scheme despite any provision of any other Act or law.\n> \n> **s 13K:** Ins 1997 No 30, Sch 1 \\[6\\]. Am 1997 No 147, Sch 1.30 \\[1\\] \\[2\\]; 1999 No 10, Sch 7 \\[22\\]; 2001 No 34, Sch 4.70. Subst 2008 No 67, Sch 7 \\[9\\].","sortOrder":41},{"sectionNumber":"13L","sectionType":"section","heading":null,"content":"#### 13L\n\n13L (Repealed)","sortOrder":42},{"sectionNumber":"13M","sectionType":"section","heading":"Deduction of tax from payments","content":"#### 13M Deduction of tax from payments\n\n13M Deduction of tax from payments\n\n> Nothing in this Act prevents the Chief Commissioner from deducting from a payment of an unclaimed superannuation benefit to any person any tax payable to the Commonwealth on the unclaimed superannuation benefit that the Chief Commissioner is required to deduct from the unclaimed superannuation benefit under a law of the Commonwealth.\n> \n> **s 13M:** Ins 2000 No 52, Sch 1 \\[25\\].","sortOrder":44},{"sectionNumber":"Part 4","sectionType":"part","heading":"Claims for and repayment of unclaimed money","content":"# Part 4 Claims for and repayment of unclaimed money\n\nPart 4 Claims for and repayment of unclaimed money","sortOrder":45},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n14 (Repealed)","sortOrder":46},{"sectionNumber":"15","sectionType":"section","heading":"Owner’s entitlement to repayment of money","content":"#### 15 Owner’s entitlement to repayment of money\n\n15 Owner’s entitlement to repayment of money\n\n> The owner of any unclaimed money paid to the Chief Commissioner under this Act is entitled to the repayment of that money by the Chief Commissioner in accordance with this Part.\n> \n> **s 15:** Am 2025 No 37, Sch 8\\[8\\] \\[9\\].","sortOrder":48},{"sectionNumber":"16","sectionType":"section","heading":"Extinguishment of entitlement","content":"#### 16 Extinguishment of entitlement\n\n16 Extinguishment of entitlement\n\n> Despite the [Limitation Act 1969](/view/html/inforce/current/act-1969-031)—\n> \n> > (a) if an owner’s right to money paid to the Chief Commissioner under this Act was not extinguished before the date of that payment, the owner’s entitlement under this Part is not extinguished until the end of a period of 6 years beginning on that date, and\n> \n> > (b) the owner’s right to that money subsists until the end of that period.","sortOrder":49},{"sectionNumber":"17","sectionType":"section","heading":"Application for repayment","content":"#### 17 Application for repayment\n\n17 Application for repayment\n\n> > (1) The owner of any money paid to the Chief Commissioner under this Act may apply to the Chief Commissioner for repayment of the money.\n> \n> > (2) An application must be made in a form approved by the Chief Commissioner.\n> \n> > (3) The Chief Commissioner may require an applicant to provide, within a specified period, further information or documents the Chief Commissioner reasonably requires to properly consider and determine the application.\n> \n> > (4) The Chief Commissioner may refuse to determine an application if the applicant does not comply with a requirement under subsection (3).\n> \n> **s 17:** Am 2023 No 18, Sch 10\\[5\\].","sortOrder":50},{"sectionNumber":"18","sectionType":"section","heading":"Time for application","content":"#### 18 Time for application\n\n18 Time for application\n\n> > (1) An application in accordance with section 17 may be lodged at any time before the owner’s right to the money is extinguished.\n> \n> > (2) The Chief Commissioner may permit an application in accordance with section 17 to be lodged after the owner’s right to the money has been extinguished.\n> \n> **s 18:** Am 2016 No 14, Sch 6 \\[4\\].","sortOrder":51},{"sectionNumber":"19","sectionType":"section","heading":"Onus on applicant","content":"#### 19 Onus on applicant\n\n19 Onus on applicant\n\n> An applicant bears the onus of establishing that the applicant is the owner of the money to which the application relates.","sortOrder":52},{"sectionNumber":"20","sectionType":"section","heading":"Standard of proof","content":"#### 20 Standard of proof\n\n20 Standard of proof\n\n> The standard of proof for establishing ownership of unclaimed money is the balance of probabilities.","sortOrder":53},{"sectionNumber":"21","sectionType":"section","heading":"Notice of determination of application","content":"#### 21 Notice of determination of application\n\n21 Notice of determination of application\n\n> > (1) The Chief Commissioner determines an application by giving the applicant notice in writing to the effect that the Chief Commissioner is satisfied (or is not satisfied) that the applicant is the owner of the money (or part of the money) to which the application relates.\n> \n> > (2) If the Chief Commissioner has not determined an application by the end of the period of 90 days after its lodgment, the Chief Commissioner is taken to have given the applicant notice, at the end of that period, to the effect that the Chief Commissioner is not satisfied that the applicant is the owner of the money concerned.\n> \n> **s 21:** Am 2025 No 37, Sch 8\\[10\\].","sortOrder":54},{"sectionNumber":"22","sectionType":"section","heading":null,"content":"#### 22\n\n22, 23 (Repealed)","sortOrder":55},{"sectionNumber":"24","sectionType":"section","heading":"Chief Commissioner may repay unclaimed money to owner","content":"#### 24 Chief Commissioner may repay unclaimed money to owner\n\n24 Chief Commissioner may repay unclaimed money to owner\n\n> > (1) The Chief Commissioner may repay unclaimed money paid to the Chief Commissioner under this Act to any person who is determined under this Part to be the owner of the money.\n> \n> > (2) A notice under section 21 (1) is to be accompanied, or followed as soon as practicable, by the appropriate repayment (if any).\n> \n> > (3), (4) (Repealed)\n> \n> **s 24:** Am 2001 No 96, Sch 4 \\[5\\].","sortOrder":57},{"sectionNumber":"25","sectionType":"section","heading":"Chief Commissioner may repay unclaimed money not required to be paid to Chief Commissioner","content":"#### 25 Chief Commissioner may repay unclaimed money not required to be paid to Chief Commissioner\n\n25 Chief Commissioner may repay unclaimed money not required to be paid to Chief Commissioner\n\n> > (1) The Chief Commissioner may repay money paid to the Chief Commissioner in purported compliance with this Act, but only if the Chief Commissioner is of the opinion that the money is not unclaimed money that is required to be paid to the Chief Commissioner under this Act.\n> \n> > (2) The money may be repaid to the person by whom it was paid or to such other person as the Chief Commissioner considers appropriate.","sortOrder":58},{"sectionNumber":"25A","sectionType":"section","heading":"Enterprise entitled to recover money from Chief Commissioner in certain cases","content":"#### 25A Enterprise entitled to recover money from Chief Commissioner in certain cases\n\n25A Enterprise entitled to recover money from Chief Commissioner in certain cases\n\n> > (1) An enterprise that pays an amount of unclaimed money to the owner of the money, after having paid the same amount to the Chief Commissioner under this Act, is entitled to recover the amount paid to the Chief Commissioner from the Chief Commissioner.\n> \n> > (2) This Part applies in respect of the money as if a reference to the owner of the money were a reference to the enterprise entitled to recover the money from the Chief Commissioner.\n> \n> > (3) The person to whom the money was paid by the enterprise is not entitled to recover the money from the Chief Commissioner.\n> \n> > (4) This section does not apply in respect of any money paid to the Chief Commissioner that was paid to a person determined by the Chief Commissioner to be the owner of the money before an application to recover the money is made by an enterprise.\n> \n> **s 25A:** Ins 2010 No 46, Sch 12 \\[2\\].","sortOrder":59},{"sectionNumber":"26","sectionType":"section","heading":"Appropriation","content":"#### 26 Appropriation\n\n26 Appropriation\n\n> The Consolidated Fund is appropriated by this section for the purposes of, and to the extent necessary to permit, repayments by the Chief Commissioner under this Part.","sortOrder":60},{"sectionNumber":"26A","sectionType":"section","heading":"Recovery of money wrongly paid","content":"#### 26A Recovery of money wrongly paid\n\n26A Recovery of money wrongly paid\n\n> > (1) If money is paid under this Part to a person who is not the owner of the money, the Chief Commissioner is entitled to recover the money from the person to whom it was paid (unless prevented from doing so by operation of the [Limitation Act 1969](/view/html/inforce/current/act-1969-031)).\n> \n> > (1A) The Chief Commissioner must give the person written notice requiring the person to repay the money to the Chief Commissioner within the period, of at least 21 days, specified in the notice.\n> \n> > (2) The Chief Commissioner is to pay money recovered under this section into the Consolidated Fund.\n> \n> > (3) Money recoverable from a person under this section is taken to be an amount of unpaid tax for the purposes of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097), sections 46–47E and 71–80, with the following modifications—\n> > \n> > > (a) a reference to a taxpayer is to be read as a reference to the person from whom the money is recoverable,\n> > \n> > > (b) a reference to a taxation law is to be read as a reference to this Act,\n> > \n> > > (c) a reference to a tax is to be read as a reference to money payable to the Chief Commissioner under this Act,\n> > \n> > > (d) a reference to a tax liability, including a corporate tax liability, is to be read as a reference to the liability of the person to repay money to the Chief Commissioner under this Act,\n> > \n> > > (e) a reference to a notice of assessment is to be read as a reference to a notice issued by the Chief Commissioner under subsection (1A).\n> \n> **s 26A:** Ins 2001 No 96, Sch 4 \\[6\\]. Am 2016 No 14, Sch 6 \\[5\\]; 2023 No 18, Sch 10\\[6\\] \\[7\\].","sortOrder":61},{"sectionNumber":"26B","sectionType":"section","heading":"Offset of repayment to other debts","content":"#### 26B Offset of repayment to other debts\n\n26B Offset of repayment to other debts\n\n> > (1) Instead of repaying unclaimed money to the owner of the money under section 24, the Chief Commissioner may apply the amount that would otherwise be repaid to meet the following—\n> > \n> > > (a) a tax debt or other amount payable by the owner under a taxation law, within the meaning of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097),\n> > \n> > > (b) a grant debt, within the meaning of the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011), payable by the owner, whether or not a debt recovery order has been made under that Act against the owner for the debt,\n> > \n> > > (c) a referable debt, within the meaning of the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011), payable by the owner, if a debt recovery order has been made against the owner for the debt,\n> > \n> > > (d) a fine, within the meaning of the [Fines Act 1996](/view/html/inforce/current/act-1996-099), payable by the owner.\n> \n> > (2) Before applying an amount under subsection (1), the Chief Commissioner must give written notice of the following to the person determined under this part to be the owner of the unclaimed money—\n> > \n> > > (a) the Chief Commissioner’s decision to apply the amount,\n> > \n> > > (b) other matters relating to the application of the amount prescribed by the regulations.\n> \n> **s 26B:** Ins 2023 No 18, Sch 10\\[8\\]. Am 2025 No 37, Sch 8\\[13\\].","sortOrder":62},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Objections and reviews","content":"# Part 4A Objections and reviews\n\nPart 4A Objections and reviews\n\n**pt 4A:** Ins 2023 No 18, Sch 10\\[9\\].","sortOrder":63},{"sectionNumber":"26C","sectionType":"section","heading":"Objections","content":"#### 26C Objections\n\n26C Objections\n\n> > (1) An applicant who is dissatisfied with the Chief Commissioner’s determination of the applicant’s application under section 17 may lodge a written objection with the Chief Commissioner.\n> \n> > (2) The objection must specify the grounds for the objection fully and in detail.\n> \n> > (3) The applicant has the onus of proving the objection.\n> \n> > (4) An objection must be lodged with the Chief Commissioner not later than 60 days after the notice of determination is given to the applicant under section 21.\n> \n> > (5) To avoid doubt, an applicant may not lodge an objection in relation to a decision by the Chief Commissioner to refuse to determine an application.\n> \n> **s 26C:** Ins 2023 No 18, Sch 10\\[9\\].","sortOrder":65},{"sectionNumber":"26D","sectionType":"section","heading":"Objections lodged out of time","content":"#### 26D Objections lodged out of time\n\n26D Objections lodged out of time\n\n> > (1) The Chief Commissioner may permit an applicant to lodge an objection after the end of the 60-day period specified in section 26C(4).\n> \n> > (2) The applicant must provide written notice of the circumstances and reasons for the failure to lodge the objection within the 60-day period.\n> \n> > (3) The Chief Commissioner may—\n> > \n> > > (a) grant permission unconditionally or subject to conditions, or\n> > \n> > > (b) refuse permission.\n> \n> > (4) The Chief Commissioner must give the applicant notice of the Chief Commissioner’s decision.\n> \n> > (5) The Chief Commissioner must give reasons for—\n> > \n> > > (a) imposing conditions on the permission, or\n> > \n> > > (b) refusing permission.\n> \n> **s 26D:** Ins 2023 No 18, Sch 10\\[9\\].","sortOrder":66},{"sectionNumber":"26E","sectionType":"section","heading":"Determination of objection","content":"#### 26E Determination of objection\n\n26E Determination of objection\n\n> > (1) The Chief Commissioner must determine an objection by—\n> > \n> > > (a) allowing the objection in whole or in part, or\n> > \n> > > (b) disallowing the objection.\n> \n> > (2) The Chief Commissioner may determine an objection that is the subject of an application for review under Division 2 at any time before the hearing of the application for review commences.\n> \n> > (3) If the Chief Commissioner delegates the functions conferred by this section, the delegate who considers the objection must be a different person from, and not subordinate to, the person who made the determination against which the objection is lodged.\n> \n> **s 26E:** Ins 2023 No 18, Sch 10\\[9\\].","sortOrder":67},{"sectionNumber":"26F","sectionType":"section","heading":"Suspension of determination","content":"#### 26F Suspension of determination\n\n26F Suspension of determination\n\n> > (1) The Chief Commissioner may suspend the determination of an objection for a period during which the applicant, or another person having information relevant to the objection, fails to provide information relevant to the objection requested by the Chief Commissioner.\n> \n> > (2) The Chief Commissioner must give the applicant written notice of a suspension under subsection (1).\n> \n> **s 26F:** Ins 2023 No 18, Sch 10\\[9\\].","sortOrder":68},{"sectionNumber":"26G","sectionType":"section","heading":"Notice of determination","content":"#### 26G Notice of determination\n\n26G Notice of determination\n\n> > (1) The Chief Commissioner must give notice to the applicant of the determination of the objection.\n> \n> > (2) The Chief Commissioner must give reasons for—\n> > \n> > > (a) allowing the objection in part only, or\n> > \n> > > (b) disallowing the objection.\n> \n> > (3) The reasons for a determination of an objection in relation to which the Civil and Administrative Tribunal has jurisdiction under Division 2 to review must set out the matters referred to in the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076), section 49(3) in relation to the determination.\n> \n> > (4) The notice must also inform the applicant of the applicant’s right to make an application for review under Division 2.\n> \n> **s 26G:** Ins 2023 No 18, Sch 10\\[9\\].","sortOrder":69},{"sectionNumber":"26H","sectionType":"section","heading":"Review by Civil and Administrative Tribunal","content":"#### 26H Review by Civil and Administrative Tribunal\n\n26H Review by Civil and Administrative Tribunal\n\n> > (1) An applicant may apply to the Civil and Administrative Tribunal (the Tribunal) for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of a decision of the Chief Commissioner that has been the subject of an objection under Division 1 if—\n> > \n> > > (a) the applicant is dissatisfied with the Chief Commissioner’s determination of the objection, or\n> > \n> > > (b) the Chief Commissioner has not determined the applicant’s objection within 90 days after the objection was lodged, not including a period of suspension under section 26F.\n> \n> > (2) An applicant who has applied to the Supreme Court under section 26I for a review of a decision may not apply to the Tribunal under this section in relation to the same decision.\n> \n> > (3) However, the applicant may apply to the Tribunal, if the earlier application is withdrawn with the approval of the Supreme Court, for the purposes of enabling the Tribunal to deal with the matter.\n> \n> > (4) The following provisions of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) do not apply to an application made under this section—\n> > \n> > > (a) Chapter 3, Part 2,\n> > \n> > > (b) section 55(3)–(6).\n> \n> > (5) For the purposes of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076), section 58 (1)(a)—\n> > \n> > > (a) the obligation of the Chief Commissioner to lodge a statement of reasons with the Tribunal in relation to an application is limited to providing the Tribunal with a statement of reasons only in relation to the matters arising from the grounds specified in the application, and\n> > \n> > > (b) if one of the grounds specified in the application relates to a matter raised in an objection determined by the Chief Commissioner—the Chief Commissioner may rely on reasons previously given to the applicant by the Chief Commissioner under section 26G in explanation of the part of the determination to which the objection related.\n> \n> **s 26H:** Ins 2023 No 18, Sch 10\\[9\\].","sortOrder":71},{"sectionNumber":"26I","sectionType":"section","heading":"Review by Supreme Court","content":"#### 26I Review by Supreme Court\n\n26I Review by Supreme Court\n\n> > (1) An applicant may apply to the Supreme Court for a review of a decision of the Chief Commissioner that has been the subject of an objection under Division 1 if—\n> > \n> > > (a) the applicant is dissatisfied with the Chief Commissioner’s determination of the objection, or\n> > \n> > > (b) the Chief Commissioner has not determined the applicant’s objection within 90 days after the objection was lodged, not including a period of suspension under section 26F.\n> \n> > (2) An applicant who has applied to the Civil and Administrative Tribunal under section 26H for administrative review of a decision may not apply to the Supreme Court under this section in relation to the same decision.\n> \n> > (3) However, the applicant may apply to the Supreme Court, if the earlier application is withdrawn with the approval of the Civil and Administrative Tribunal, for the purposes of enabling the Supreme Court to deal with the matter.\n> \n> > (4) A review by the Supreme Court is taken to be an appeal for the purposes of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052) and the regulations and rules made under that Act, except as otherwise provided by that Act or those regulations or rules.\n> \n> **s 26I:** Ins 2023 No 18, Sch 10\\[9\\].","sortOrder":72},{"sectionNumber":"26J","sectionType":"section","heading":"Time for making application for review","content":"#### 26J Time for making application for review\n\n26J Time for making application for review\n\n> > (1) An application for review following a determination by the Chief Commissioner of an objection must be made not later than 60 days after the notice of the Chief Commissioner’s determination of the objection is issued.\n> \n> > (2) The court or tribunal to which the application is to be made may allow a person to apply for a review after the 60-day period.\n> \n> > (3) An application for review following a failure of the Chief Commissioner to determine an objection within the relevant 90-day period may be made at any time after the end of the period.\n> \n> **s 26J:** Ins 2023 No 18, Sch 10\\[9\\].","sortOrder":73},{"sectionNumber":"26K","sectionType":"section","heading":"Provisions relating to applications for review","content":"#### 26K Provisions relating to applications for review\n\n26K Provisions relating to applications for review\n\n> > (1) An application for review following a failure of the Chief Commissioner to determine an objection must not be made unless the applicant has given written notice of the proposed application to the Chief Commissioner not less than 14 days before making the application.\n> \n> > (2) The applicant’s and respondent’s cases on an application for review are not limited to the grounds of the objection.\n> \n> > (3) The applicant has the onus of proving the applicant’s case in an application for review.\n> \n> > (4) If the applicant or respondent appeals against a decision of the Civil and Administrative Tribunal in an application for review to an Appeal Panel of the Tribunal, the applicant in the application for review continues to bear the onus of proving the applicant’s case in the appeal if the Appeal Panel grants leave for the appeal to extend to a review of the merits of the decision.\n> \n> **s 26K:** Ins 2023 No 18, Sch 10\\[9\\].","sortOrder":74},{"sectionNumber":"26L","sectionType":"section","heading":"Powers of court or tribunal on review","content":"#### 26L Powers of court or tribunal on review\n\n26L Powers of court or tribunal on review\n\n> > (1) The court or tribunal dealing with the application for review may do one or more of the following—\n> > \n> > > (a) confirm or revoke the determination to which the application relates,\n> > \n> > > (b) make a determination in place of the determination to which the application relates,\n> > \n> > > (c) order the applicant to repay unclaimed money to the Chief Commissioner,\n> > \n> > > (d) remit the matter to the Chief Commissioner for determination in accordance with the decision of the court or tribunal,\n> > \n> > > (e) make other further orders as to costs or otherwise as the court or tribunal thinks fit.\n> \n> > (2) This section does not limit the application of the following provisions in relation to an application for review before the Civil and Administrative Tribunal—\n> > \n> > > (a) the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076), Chapter 3, Part 3, Division 3,\n> > \n> > > (b) the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002), section 60.\n> \n> **s 26L:** Ins 2023 No 18, Sch 10\\[9\\].","sortOrder":75},{"sectionNumber":"26M","sectionType":"section","heading":"Giving effect to decision on review","content":"#### 26M Giving effect to decision on review\n\n26M Giving effect to decision on review\n\n> > (1) Within 60 days after the decision on the review becomes final, the Chief Commissioner must take action that is necessary to give effect to the decision.\n> \n> > (2) If no appeal against the decision on the review is made within 30 days after the day on which the decision is made, the decision on the review is taken, for the purposes of this section, to have become final at the end of the 30-day period.\n> \n> **s 26M:** Ins 2023 No 18, Sch 10\\[9\\].","sortOrder":76},{"sectionNumber":"Part 4B","sectionType":"part","heading":"Compliance notices","content":"# Part 4B Compliance notices\n\nPart 4B Compliance notices\n\n**pt 4B:** Ins 2025 No 37, Sch 8\\[14\\].","sortOrder":77},{"sectionNumber":"26N","sectionType":"section","heading":"Compliance notices","content":"#### 26N Compliance notices\n\n26N Compliance notices\n\n> > (1) The Chief Commissioner may give a person or enterprise a written notice (a compliance notice) if the Chief Commissioner believes the person or enterprise—\n> > \n> > > (a) is contravening section 8A, 9B, 9C or 10, or\n> > \n> > > (b) has contravened section 8A, 9B, 9C or 10 in circumstances that make it likely that the contravention will continue or be repeated.\n> \n> > (2) A compliance notice may require the person or enterprise—\n> > \n> > > (a) to remedy the contravention, or\n> > \n> > > (b) to prevent a likely contravention from occurring, or\n> > \n> > > (c) to remedy the things or operations causing the contravention or likely contravention.\n> \n> > (3) A compliance notice must state—\n> > \n> > > (a) the grounds on which the notice is given, including the particular contravention or contraventions on which the notice is based, and\n> > \n> > > (b) the day by which the person or enterprise is required to comply with the notice.\n> \n> > (4) A compliance notice may include directions as to the measures to be taken to remedy the contravention or prevent the likely contravention, or remedy the matters or activities causing the contravention or likely contravention, to which the notice relates.\n> \n> > (5) Before giving a compliance notice to a person or enterprise, the Chief Commissioner must—\n> > \n> > > (a) notify the person or enterprise of the Chief Commissioner’s intention to give the compliance notice, including—\n> > > \n> > > > (i) the grounds on which the compliance notice is proposed to be given, and\n> > > \n> > > > (ii) the proposed day by which the person or enterprise will be required to comply with the notice, and\n> > \n> > > (b) invite the person or enterprise to make submissions about the proposed compliance notice within the period of 14 days after being notified under paragraph (a), and\n> > \n> > > (c) consider submissions made by the person or enterprise within the 14-day period.\n> \n> > (6) A person or enterprise to whom a compliance notice is given must comply with the notice within the period specified in the notice.\n> > \n> > Maximum penalty for subsection (6)—\n> > \n> > > (a) for an individual—250 penalty units, or\n> > \n> > > (b) otherwise—500 penalty units.\n> \n> **s 26N:** Ins 2025 No 37, Sch 8\\[14\\].","sortOrder":78},{"sectionNumber":"26O","sectionType":"section","heading":"Extension of time for complying with compliance notice","content":"#### 26O Extension of time for complying with compliance notice\n\n26O Extension of time for complying with compliance notice\n\n> > (1) The Chief Commissioner may, by written notice given to a person or enterprise, extend the compliance period for a compliance notice.\n> \n> > (2) However, the Chief Commissioner may extend the compliance period only if the period has not ended.\n> \n> > (3) In this section—\n> > \n> > compliance period means the period ending on the day stated in the compliance notice by which a person or enterprise is required to comply with the notice and includes any extension to the period under this section.\n> \n> **s 26O:** Ins 2025 No 37, Sch 8\\[14\\].","sortOrder":79},{"sectionNumber":"26P","sectionType":"section","heading":"Other provisions relating to compliance notices","content":"#### 26P Other provisions relating to compliance notices\n\n26P Other provisions relating to compliance notices\n\n> > (1) The Chief Commissioner may make minor changes to a compliance notice—\n> > \n> > > (a) for clarification, or\n> > \n> > > (b) to correct errors or references, or\n> > \n> > > (c) to reflect changes of address or other circumstances.\n> \n> > (2) The Chief Commissioner may revoke or vary a compliance notice.\n> \n> > (3) A compliance notice is not invalid only because of—\n> > \n> > > (a) a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice, or\n> > \n> > > (b) a failure to use the correct name of the person or enterprise to whom the notice is given if the notice sufficiently identifies the person or enterprise and is given to the person or enterprise in accordance with this Act.\n> \n> **s 26P:** Ins 2025 No 37, Sch 8\\[14\\].","sortOrder":80},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous\n\n**pt 5:** Subst 1996 No 30, Sch 1 \\[8\\].","sortOrder":81},{"sectionNumber":"27","sectionType":"section","heading":"Application of certain provisions of Taxation Administration Act 1996","content":"#### 27 Application of certain provisions of Taxation Administration Act 1996\n\n27 Application of certain provisions of [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097)\n\n> > (1) Parts 5, 7, 8, 9, 10 and 11 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) (other than the excluded provisions) are to be read as if they form part of this Act, subject to the following modifications—\n> > \n> > > (a) a reference to a tax default is to be read as a reference to a failure to pay the whole or part of money payable under this Act,\n> > \n> > > (b) a reference to a taxpayer is to be read as a reference to an enterprise or a public sector superannuation provider,\n> > \n> > > (c) a reference to a taxation law is to be read as a reference to this Act,\n> > \n> > > (d) a reference to a tax is to be read as a reference to money payable to the Chief Commissioner under this Act,\n> > \n> > > (e) a reference to a person’s tax liability is to be read as a reference to the liability of an enterprise or a public sector superannuation provider to pay unclaimed money or unclaimed superannuation benefits under this Act.\n> \n> > (2) Nothing in this section entitles a public sector superannuation provider to deduct the amount of any interest or penalty tax payable by virtue of the operation of subsection (1) from the amount of a superannuation benefit payable to any person or as part of the administrative, management or other costs of the scheme.\n> \n> > (3) Nothing in this section entitles an enterprise to deduct the amount of any interest or penalty tax payable by virtue of the operation of subsection (1) from the amount of any unclaimed money payable to any person.\n> \n> > (4) For the purposes of this section, the excluded provisions are the following provisions of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097)—\n> > \n> > > (a) Division 2 of Part 7,\n> > \n> > > (b) sections 60 and 63,\n> > \n> > > (c) Divisions 2A and 3 of Part 9,\n> > \n> > > (d) Division 5 of Part 10,\n> > \n> > > (e) sections 111, 122 and 126–128.\n> \n> **s 27:** Subst 1996 No 30, Sch 1 \\[8\\]. Am 1999 No 10, Sch 7 \\[24\\]–\\[29\\]; 2000 No 52, Sch 1 \\[26\\]–\\[28\\]; 2008 No 67, Sch 7 \\[5\\] \\[11\\]–\\[14\\]; 2025 No 37, Sch 8\\[15\\].","sortOrder":82},{"sectionNumber":"28","sectionType":"section","heading":"General power to make assessment","content":"#### 28 General power to make assessment\n\n28 General power to make assessment\n\n> > (1) The Chief Commissioner may make an assessment of the liability of an enterprise to pay unclaimed money, or of a public sector superannuation provider to pay unclaimed superannuation benefits, to the Chief Commissioner.\n> \n> > (2) The Chief Commissioner may make one or more assessments of the liability of an enterprise to pay unclaimed money, or of a public sector superannuation provider to pay unclaimed superannuation benefits.\n> \n> > (3) (Repealed)\n> \n> > (4) An assessment of a liability may consist of a determination that there is not a liability to pay unclaimed money or unclaimed superannuation benefits to the Chief Commissioner.\n> \n> > (5) The Chief Commissioner may withdraw an assessment under this section at any time after the date of written notice of the assessment is given to the relevant enterprise or public sector superannuation provider, whether or not the amount specified in the assessment has been paid.\n> \n> > (6) A notice of assessment issued following a failure to pay the whole or part of money under section 9C, 10 or 13B must specify any interest and penalty tax payable.\n> \n> > (7) The validity of an assessment is not affected because a provision of this Act has not been complied with.\n> \n> **s 28:** Subst 1996 No 30, Sch 1 \\[8\\]. Am 1999 No 10, Sch 7 \\[30\\]–\\[33\\]; 2000 No 52, Sch 1 \\[29\\]–\\[32\\]; 2008 No 67, Sch 7 \\[5\\]; 2013 No 3, Sch 2 \\[3\\]; 2025 No 37, Sch 8\\[16\\].","sortOrder":83},{"sectionNumber":"29","sectionType":"section","heading":"Enterprises and public sector superannuation providers that are not natural persons","content":"#### 29 Enterprises and public sector superannuation providers that are not natural persons\n\n29 Enterprises and public sector superannuation providers that are not natural persons\n\n> Any act or thing that an enterprise or a public sector superannuation provider is required or permitted to do by or under this Act may, in the case of an enterprise or public sector superannuation provider that is not a natural person, be done on behalf of the enterprise or public sector superannuation provider by an officer of the enterprise or public sector superannuation provider.\n> \n> **s 29:** Subst 1996 No 30, Sch 1 \\[8\\]. Am 1999 No 10, Sch 7 \\[34\\] \\[35\\]. Subst 2000 No 52, Sch 1 \\[33\\]. Am 2008 No 67, Sch 7 \\[5\\].","sortOrder":84},{"sectionNumber":"30","sectionType":"section","heading":"Annotation of records","content":"#### 30 Annotation of records\n\n30 Annotation of records\n\n> > (1) If the Chief Commissioner or an authorised officer is of the opinion that any matter in a record of an enterprise that relates (or may at some future time relate) to unclaimed money is incorrect, the Chief Commissioner may direct the enterprise to note the record with details of what the Chief Commissioner believes to be the true position concerning the matter.\n> \n> > (2) The enterprise must comply with any such direction.\n> > \n> > Maximum penalty for subsection (2)—\n> > \n> > > (a) for an individual—20 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> **s 30:** Subst 1996 No 30, Sch 1 \\[8\\]. Am 2025 No 37, Sch 8\\[17\\].","sortOrder":85},{"sectionNumber":"31","sectionType":"section","heading":"Disclosure of certain information prohibited","content":"#### 31 Disclosure of certain information prohibited\n\n31 Disclosure of certain information prohibited\n\n> > (1) A person must not disclose information obtained in connection with the administration or execution of this Act.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) This section does not prohibit a disclosure that is made—\n> > \n> > > (a) with the consent of the person to whom the information relates or at the request of a person acting on behalf of the person to whom the information relates, or\n> > \n> > > (b) in connection with the administration or execution of this Act or a taxation law (within the meaning of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097)), including for the purpose of any legal proceedings arising out of this Act or a taxation law or a report of any such proceedings, or\n> > \n> > > (c) to the Commissioner of Taxation holding office under a law of the Commonwealth, or a person authorised by the Commissioner of Taxation.\n> \n> **s 31:** Rep 1997 No 30, Sch 1 \\[8\\]. Ins 2001 No 22, Sch 5 \\[4\\]. Am 2025 No 37, Sch 8\\[18\\].","sortOrder":86},{"sectionNumber":"32","sectionType":"section","heading":"Chief Commissioner may process unclaimed money claims under other Acts","content":"#### 32 Chief Commissioner may process unclaimed money claims under other Acts\n\n32 Chief Commissioner may process unclaimed money claims under other Acts\n\n> > (1) The Chief Commissioner is authorised to process claims for the payment or repayment of unclaimed trust money on behalf of the Treasurer.\n> \n> > (2) For that purpose, Part 4 (other than sections 16, 18 and 25A) applies in respect of unclaimed trust money in the same way as it applies to unclaimed money paid to the Chief Commissioner under this Act.\n> \n> > (3) Anything done or omitted to be done by the Chief Commissioner under this Act in respect of unclaimed trust money is taken, for the purposes of the [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016) and the [Trustee Companies Act 1964](/view/html/inforce/current/act-1964-006), to have been done or omitted by the Treasurer.\n> \n> > (4) In this section, unclaimed trust money means money that is paid to the Treasurer under—\n> > \n> > > (a) section 14 of [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016), or\n> > \n> > > (b) section 26 of the [Trustee Companies Act 1964](/view/html/inforce/current/act-1964-006).\n> \n> **s 32:** Rep 1997 No 30, Sch 1 \\[8\\]. Ins 2010 No 46, Sch 12 \\[3\\]. Am 2015 No 7, Sch 2.43 \\[2\\] \\[3\\].","sortOrder":87},{"sectionNumber":"33","sectionType":"section","heading":null,"content":"#### 33\n\n33–45 (Repealed)","sortOrder":88},{"sectionNumber":"46","sectionType":"section","heading":"Liability of officers for offences by enterprises","content":"#### 46 Liability of officers for offences by enterprises\n\n46 Liability of officers for offences by enterprises\n\n> > (1) If an enterprise contravenes, whether by act or omission, any provision of this Act or the regulations, each officer of the enterprise is taken to have contravened the same provision if the officer knowingly authorised or permitted the contravention.\n> \n> > (2) A person may be proceeded against and convicted under a provision pursuant to this section whether or not the enterprise has been proceeded against or convicted under that provision.\n> \n> > (3) Nothing in this section affects any liability imposed on an enterprise for an offence committed by the enterprise against this Act or the regulations.\n> \n> **pt 6 (ss 43, 44):** Rep 1997 No 30, Sch 1 \\[8\\].","sortOrder":90},{"sectionNumber":"47","sectionType":"section","heading":"Proceedings","content":"#### 47 Proceedings\n\n47 Proceedings\n\n> Proceedings for an offence against this Act or the regulations—\n> \n> > (a) may be taken only by a person authorised in writing by the Chief Commissioner, and\n> \n> > (b) are to be dealt with summarily by the Local Court.\n> \n> **pt 6 (ss 43, 44):** Rep 1997 No 30, Sch 1 \\[8\\].\n> \n> **s 47:** Am 2007 No 94, Sch 4.","sortOrder":91},{"sectionNumber":"47A","sectionType":"section","heading":"Penalty notices","content":"#### 47A Penalty notices\n\n47A Penalty notices\n\n> > (1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.\n> \n> > (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.\n> \n> > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note—\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations, not exceeding the maximum amount of the penalty that could be imposed for the offence by a court.\n> \n> > (5) This section does not limit the operation of another provision of, or made under, this or another Act relating to proceedings that may be taken for offences.\n> \n> > (6) In this section—\n> > \n> > authorised officer means the following—\n> > \n> > > (a) the Chief Commissioner,\n> > \n> > > (b) a member of staff of the department in which this Act is administered designated by the Chief Commissioner as an authorised officer for this section.\n> \n> **pt 6 (ss 43, 44):** Rep 1997 No 30, Sch 1 \\[8\\].\n> \n> **s 47A:** Ins 2025 No 37, Sch 8\\[19\\].","sortOrder":92},{"sectionNumber":"47B","sectionType":"section","heading":"Double jeopardy","content":"#### 47B Double jeopardy\n\n47B Double jeopardy\n\n> > (1) A person is not liable to be convicted for an offence under more than one provision of this Act for essentially the same act or omission.\n> \n> > (2) For this section, the following is taken to be a conviction for an offence—\n> > \n> > > (a) the payment of a penalty for an alleged offence under section 47A,\n> > \n> > > (b) the giving of a compliance notice under Part 4B for the offence.\n> > > \n> > > Note—\n> > > \n> > > If a person fails to comply with the compliance notice, the person may still be liable for the offence under section 26N(6).\n> \n> **pt 6 (ss 43, 44):** Rep 1997 No 30, Sch 1 \\[8\\].\n> \n> **s 47B:** Ins 2025 No 37, Sch 8\\[19\\].","sortOrder":93},{"sectionNumber":"48","sectionType":"section","heading":"Lodgment with Chief Commissioner","content":"#### 48 Lodgment with Chief Commissioner\n\n48 Lodgment with Chief Commissioner\n\n> For the purposes of this Act, a thing is lodged with the Chief Commissioner if it is—\n> \n> > (a) lodged at an office of the Chief Commissioner, or\n> \n> > (b) sent by post addressed to the Chief Commissioner at an office of the Chief Commissioner, or\n> \n> > (c) sent by facsimile transmission or other electronic means notified by the Chief Commissioner as being an available means of communication, or\n> \n> > (d) delivered to the facilities of a document exchange addressed to the Chief Commissioner if the Chief Commissioner has indicated that documents may be delivered to the Chief Commissioner in that way, or\n> \n> > (e) sent by any means provided for the service of documents by another Act or law.\n> \n> **pt 6 (ss 43, 44):** Rep 1997 No 30, Sch 1 \\[8\\].","sortOrder":94},{"sectionNumber":"49","sectionType":"section","heading":"Other laws not affected","content":"#### 49 Other laws not affected\n\n49 Other laws not affected\n\n> Nothing in this Act affects the operation of any other law that provides for the manner in which unclaimed money is to be dealt with.\n> \n> **pt 6 (ss 43, 44):** Rep 1997 No 30, Sch 1 \\[8\\].","sortOrder":95},{"sectionNumber":"50","sectionType":"section","heading":"Regulations","content":"#### 50 Regulations\n\n50 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) A regulation may impose a penalty not exceeding 2 penalty units for a breach of the regulation.\n> \n> **pt 6 (ss 43, 44):** Rep 1997 No 30, Sch 1 \\[8\\].","sortOrder":96},{"sectionNumber":"51","sectionType":"section","heading":"Repeal","content":"#### 51 Repeal\n\n51 Repeal\n\n> The [Unclaimed Money Act 1982](/view/pdf/asmade/act-1982-174) is repealed.\n> \n> **pt 6 (ss 43, 44):** Rep 1997 No 30, Sch 1 \\[8\\].","sortOrder":97},{"sectionNumber":"52","sectionType":"section","heading":null,"content":"#### 52\n\n52 (Repealed)","sortOrder":98},{"sectionNumber":"53","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 53 Savings, transitional and other provisions\n\n53 Savings, transitional and other provisions\n\n> Schedule 2 has effect.\n> \n> **pt 6 (ss 43, 44):** Rep 1997 No 30, Sch 1 \\[8\\].","sortOrder":100},{"sectionNumber":"54","sectionType":"section","heading":"Review of Act","content":"#### 54 Review of Act\n\n54 Review of Act\n\n> > (1) The Treasurer is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.\n> \n> **pt 6 (ss 43, 44):** Rep 1997 No 30, Sch 1 \\[8\\].","sortOrder":101},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1:** Rep 1999 No 85, Sch 4.","sortOrder":102},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n(Section 53)\n\n**sch 2:** Am 1997 No 30, Sch 1 \\[9\\] \\[10\\]; 1999 No 10, Sch 7 \\[36\\] \\[37\\]; 2000 No 52, Sch 1 \\[34\\] \\[35\\]; 2001 No 22, Sch 5 \\[5\\] \\[6\\]; 2001 No 96, Sch 4 \\[7\\]; 2003 No 80, Sch 7 \\[4\\] \\[5\\]; 2008 No 67, Sch 7 \\[15\\] \\[16\\]; 2009 No 51, Sch 7.5; 2010 No 46, Sch 12 \\[4\\] \\[5\\]; 2013 No 3, Sch 2 \\[4\\]; 2016 No 14, Sch 6 \\[6\\]; 2025 No 37, Sch 8\\[20\\].","sortOrder":103},{"sectionNumber":"Part 6","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2003","content":"# Part 6 Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2003\n\nPart 6 Provisions consequent on enactment of [State Revenue Legislation Further Amendment Act 2003](/view/html/repealed/current/act-2003-080)","sortOrder":120},{"sectionNumber":"Part 7","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Amendment Act 2008","content":"# Part 7 Provisions consequent on enactment of State Revenue Legislation Amendment Act 2008\n\nPart 7 Provisions consequent on enactment of [State Revenue Legislation Amendment Act 2008](/view/html/repealed/current/act-2008-067)","sortOrder":122},{"sectionNumber":"Part 8","sectionType":"part","heading":"Provisions consequent on repeal of Companies (Application of Laws) Act 1981","content":"# Part 8 Provisions consequent on repeal of Companies (Application of Laws) Act 1981\n\nPart 8 Provisions consequent on repeal of [Companies (Application of Laws) Act 1981](/view/html/repealed/current/act-1981-122)","sortOrder":124},{"sectionNumber":"Part 9","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Amendment Act 2010","content":"# Part 9 Provisions consequent on enactment of State Revenue Legislation Amendment Act 2010\n\nPart 9 Provisions consequent on enactment of [State Revenue Legislation Amendment Act 2010](/view/html/repealed/current/act-2010-046)","sortOrder":126},{"sectionNumber":"Part 10","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Amendment Act 2016","content":"# Part 10 Provisions consequent on enactment of State Revenue Legislation Amendment Act 2016\n\nPart 10 Provisions consequent on enactment of [State Revenue Legislation Amendment Act 2016](/view/html/repealed/current/act-2016-014)","sortOrder":130},{"sectionNumber":"Part 11","sectionType":"part","heading":"Provisions consequent on enactment of Revenue and Other Legislation Amendment Act 2025","content":"# Part 11 Provisions consequent on enactment of Revenue and Other Legislation Amendment Act 2025\n\nPart 11 Provisions consequent on enactment of [Revenue and Other Legislation Amendment Act 2025](/view/pdf/asmade/act-2025-37)","sortOrder":132},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3 (Repealed)\n\n**sch 3:** Ins 2025 No 37, Sch 8\\[21\\]. Rep 1995 No 75, Sch 2, cl 20(5).","sortOrder":135}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1995 scope. Originally focused on general unclaimed money held by enterprises, it has expanded to include: (1) a dedicated scheme for property agent trust money (Part 2A, inserted 2013); (2) a comprehensive regime for public sector superannuation benefits (Part 3A, inserted 1997 and substantially amended multiple times); (3) processing of unclaimed money from other Acts including legal profession and trustee company money (section 32); (4) a full administrative review system with NCAT and Supreme Court pathways (Part 4A, inserted 2023); and (5) a compliance notice enforcement regime (Part 4B, inserted 2025). The Act has effectively become a central hub for unclaimed money administration across multiple sectors of the NSW economy."},"complexity_factors":["Multiple distinct regulatory schemes within one Act: general unclaimed money (Part 2), property agent trust money (Part 2A), and public sector superannuation benefits (Part 3A), each with different timing and procedural rules","Extensive cross-referencing to other legislation including the Taxation Administration Act 1996, Superannuation (Unclaimed Money and Lost Members) Act 1999 (Cth), and Property and Stock Agents Act 2002","Nested exceptions and carve-outs: section 9 contains multiple layers of exceptions to what constitutes unclaimed money, including the $100 threshold, regulatory exemptions, and dispute provisions","Complex transitional provisions in Schedule 2 spanning 11 Parts covering amendments from 1997 through to 2025, with retrospective and prospective application rules","Modified application of external statutory provisions: section 27 imports Parts of the Taxation Administration Act 1996 with specific modifications (a)-(e), requiring readers to reconcile two statutes","Dual review pathways in Part 4A: objections can lead to either NCAT administrative review or Supreme Court review, with specific rules about election, timing, and onus of proof","Interaction between compliance notices (Part 4B) and offence provisions, including double jeopardy protections in section 47B that create a complex enforcement hierarchy"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a system for handling money that businesses and other organisations are holding but can't find the owners for — called \"unclaimed money.\" Instead of letting this money sit indefinitely in private hands, the law requires it to be handed over to the NSW Chief Commissioner of State Revenue, who holds it safely until the rightful owner claims it back.\n\n**Who it affects:**\n\n*   **Enterprises** — businesses, associations, clubs, and other bodies (but not banks, credit unions, or building societies) that hold money on behalf of others.\n*   **Property agents** — real estate agents and stock agents who hold trust money for clients.\n*   **Public sector superannuation funds** — government superannuation schemes that have lost track of members.\n*   **Ordinary people** — anyone who has forgotten about old bank deposits, share dividends, or other funds held by a business.\n\n**Key requirements:**\n\n*   **For enterprises:** If you hold money in an account that hasn't been touched for **2 years** (or sometimes 12 months with approval), you must first try reasonably hard to find the owner. If you can't, you must report and pay the money to the Chief Commissioner by **31 October** each year.\n*   **For property agents:** Trust money held for more than **2 years** must be reported and paid over.\n*   **For superannuation funds:** Unclaimed super benefits must be reported and paid every **6 months**.\n\n**What happens to the money:**\n\n*   The Chief Commissioner publishes details of unclaimed money (over $100) so people can find it.\n*   Owners can apply to get their money back at any time within **6 years**.\n*   The Chief Commissioner can use unclaimed money to offset (reduce) any tax debts or fines the owner owes to the State.\n*   If money is wrongly paid out, the Chief Commissioner can recover it.\n\n**Why it matters:**\n\nThis law protects consumers by ensuring their forgotten money doesn't disappear into company profits or get lost in bureaucracy. It centralises the holding of unclaimed funds in a government account (the Consolidated Fund) with clear rules for claiming it back, and gives the Chief Commissioner enforcement tools including compliance notices and penalties for businesses that don't follow the rules."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained focused on its original purpose of managing unclaimed money — requiring holders to report and transfer funds to the government and allowing rightful owners to reclaim them. The numerous amendments over 30 years likely reflect administrative refinements and threshold adjustments rather than fundamental changes to scope. No evidence of scope creep or significant departure from original intent is apparent from the available information."},"complexity_factors":["The document provided is primarily metadata and navigation content from the NSW legislation website — the actual substantive provisions of the Act are not included, limiting full analysis","The Act has been amended numerous times over 30 years (at least 17 distinct versions), suggesting layers of accumulated changes that could complicate interpretation","Dual ministerial responsibility (Treasurer and Minister for Finance) may create administrative complexity","Pending but uncommenced amendments (Revenue and Other Legislation Amendment Act 2025 No 37) create a transitional complexity for practitioners","The concept of the government holding money 'in trust' involves legal nuance around timing, interest, and entitlement","Identifying who qualifies as a 'holder' and what constitutes 'unclaimed' money requires careful definitional analysis not visible in this excerpt"],"plain_english_summary":"## Unclaimed Money Act 1995 (NSW)\n\n**What is this law about?**\n\nThis is a New South Wales law that deals with money that has been forgotten or abandoned — for example, old bank accounts, uncashed cheques, forgotten deposits, or other funds that businesses or organisations are holding but haven't been claimed by their rightful owners.\n\n**Who does it affect?**\n\n- **Ordinary people** who may have forgotten money sitting with a bank, employer, insurer, or other business — this law protects your right to eventually get it back.\n- **Businesses and organisations** (called \"holders\") that are sitting on money belonging to someone else — they are legally required to report and hand over that money to the NSW government after a set period of inactivity.\n- The **NSW Government** (specifically the Treasurer and Minister for Finance), which holds the money in trust (looks after it on behalf of the rightful owner) until it is claimed.\n\n**Why does it matter to you?**\n\nIf you have an old bank account, a forgotten refund, or unclaimed wages, this money doesn't just disappear. Under this law:\n1. The business holding your money must report it and transfer it to the NSW government.\n2. You can **claim your money back from the government at any time** — there is no deadline for you to lodge a claim.\n3. The law stops businesses from quietly keeping money that belongs to someone else.\n\n**Important note:** This version of the law is current as of 2 July 2025, but some future amendments have been passed and are not yet in effect.\n\n**In short:** This law is your safety net for forgotten money. It moves unclaimed funds to the government for safekeeping and ensures you can reclaim what's rightfully yours."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been changed and extended by later amendments recorded in the text. Examples visible in the Act include: the separate Part dealing with trust money of licensees (Part 2A, ss 9A–9D) inserted in 2013; the detailed treatment of unclaimed public sector superannuation benefits (Part 3A, ss 13A–13M) and associated registers and repayment rules; amendments to publication thresholds and data requirements (ss 12, 13B and Schedule annotations showing 2001–2003 amendments); the introduction of an objections and review framework (Part 4A, Ins 2023 No 18); new compliance‑notice powers and related procedural rules (Part 4B, Ins 2025 No 37, ss 26N–26P); and an express offset power to apply repayments to owners’ tax, grant or fine debts (s 26B, Ins 2023 No 18). Those inserted or amended provisions materially expand administrative powers, compliance pathways and enforcement tools compared with the original enactment (as shown by the amendment notes in the Act)."},"complexity_factors":["Numerous cross‑references to other statutes (Taxation Administration Act 1996, Commonwealth superannuation and other Acts) (s 3, s 27, Part 3A references).","Multiple overlapping compliance streams: annual returns for enterprises (s 10), half‑year returns for public sector superannuation providers (s 13B), and special rules for licensees/trust accounts (Part 2A, ss 9B–9C).","Significant administrative discretion vested in the Chief Commissioner (approvals, extensions, forms, publishing, compliance notices) (ss 7(1)(b), 10, 12(3), 13B(6), 26N–26P).","Layered enforcement architecture: offences/penalties, penalty notices, assessments and Taxation Administration Act machinery applied with modifications (ss 10(3), 47A, 27, 28).","A formal objection and multi‑path review process with strict time limits and procedural rules (Part 4A, ss 26C–26M, 26H–26I, 26J–26L).","Multiple exemptions, thresholds and regulatory knobs (regulations may prescribe exempt classes and monetary thresholds) (s 9(3), s 12(1)).","Frequent amendment history and transitional provisions recorded in schedules (showing the Act’s scope has changed over time)."],"plain_english_summary":"What this law does (mechanically)\n\n- Centralises unclaimed balances: money that certain organisations hold and that has not been accessed for a period becomes “unclaimed money” and must be reported and (save for permitted exceptions) paid to the Chief Commissioner of State Revenue, who pays received amounts into the Consolidated Fund (see sections 7, 10(1B)–(2), 13B(4)–(5)).\n\n- Defines who is covered: the Act applies to \"enterprises\" that hold money on account of others (a broad category defined in s 3, excluding banks and some financial institutions), to public sector superannuation providers (Part 3A) and to certain licensees holding trust account money under the Property and Stock Agents Act (Part 2A, ss 9A–9C).\n\n- Sets dormancy rules and exceptions: money in an account becomes unclaimed if the account has not been operated on for at least 2 years (with an option for a shorter, approved period of at least 12 months) (s 7). Certain money is excluded from being unclaimed (for example where the enterprise holds other non-unclaimed money for the same owner, where the owner is known to want to retain the money, amounts at or below $100, or classes prescribed by regulation) (s 9(1),(3)).\n\n- Requires enterprises to try to pay owners first: before treating money as unclaimed, an enterprise must make reasonable efforts to identify and locate the owner and to pay the money (s 8A). Penalties apply for breach (s 8A).\n\n- Reporting, retention and publication duties: enterprises must lodge returns in an approved form and pay unclaimed money by set dates after 30 June each year (s 10). They must retain copies of returns and make them inspectable for specified periods (s 11). The Chief Commissioner must publish sufficient information to notify owners of unclaimed sums above a regulatory threshold (s 12).\n\n- Claims and repayments: owners can apply to the Chief Commissioner for repayment in an approved form, bear the onus of proving ownership on the balance of probabilities, and may apply while their right subsists (ss 15–21, 17–20). The Chief Commissioner may repay or, where money was paid in error, recover or refund amounts (ss 24–26A, 25–25A, 26A).\n\n- Administrative powers and enforcement: the Chief Commissioner may assess liabilities, make and withdraw assessments, and apply many provisions of the Taxation Administration Act with modifications (ss 27–28). Officers of non‑natural persons may act on behalf of the entity (s 29). The Act creates offences and penalties, allows authorised officers to issue penalty notices, and provides for retention, inspection and confidentiality of information (ss 47A, 11, 31).\n\n- Dispute resolution: the Act gives applicants an objections route to the Chief Commissioner and statutory review rights to the NSW Civil and Administrative Tribunal or the Supreme Court with specified time limits and procedural rules (Part 4A, ss 26C–26M, 26H–26I).\n\n- Recent procedural/regulatory additions: the Chief Commissioner may now issue compliance notices requiring remedies or preventive measures where there has been, or is likely to be, contravention of specific provisions (ss 26N–26P). The Act also includes express offset powers allowing the Chief Commissioner to apply repayments to meet outstanding tax, grant or fine debts against the owner (s 26B).\n\nWho pays, who decides, and what changes in behaviour the Act requires\n\n- Who pays: enterprises and public sector superannuation providers hold and are required to pay unclaimed money to the Chief Commissioner (ss 10, 13B(4)). If an enterprise later pays an owner after already paying the Chief Commissioner, the enterprise may recover the amount from the Chief Commissioner (s 25A).\n\n- Who decides: the Chief Commissioner has wide administrative discretion—approving return forms and data formats (s 13B(6)), approving shorter dormancy periods for an enterprise (s 7(1)(b)), extending lodgment dates (s 10(1)), assessing liabilities (s 28), issuing compliance notices (s 26N), determining objections (s 26E) and publishing information (s 12).\n\n- Behavioural changes imposed: enterprises must train/compliance‑proof processes to locate owners, maintain records and returns, meet lodgment and payment dates, and respond to information requests from the Chief Commissioner (ss 8A, 10, 11, 17). Public sector superannuation providers must include TFNs and follow prescribed electronic formats if required (s 13B(6)). Noncompliance risks penalties, compliance notices or assessments (ss 8A, 10(3), 26N).\n\nStated aims and an empirical test against costs, incentives and trade‑offs (source‑grounded)\n\n- Stated or implied aim (as reflected by the mechanics): centralise unclaimed balances for public administration, create a single place to locate and repay owners, and encourage entities holding funds to return money to rightful owners before those funds vest with the State (see the Act’s payment, reporting and publication rules: ss 10, 12, 24, Parts 3 and 4A).\n\n- Costs to those required to act (source‑grounded): enterprises must expend resources to identify and contact owners, keep and make returns available, and may face penalties or compliance notices if they fail to meet duties (ss 8A, 11, 10(3), 26N). Public sector superannuation providers must prepare half‑year returns in an approved form and may be required to provide TFNs or specified electronic formats (s 13B(1),(2),(6)).\n\n- Incentive structure and trade‑offs: the law creates an incentive for enterprises to locate owners (avoid paying funds away and avoid penalties), but also creates a default pathway to transfer funds to the Consolidated Fund if owners cannot be found (s 10(1B)–(2)). The Chief Commissioner’s discretion to approve a shorter dormancy period (s 7(1)(b)) lets an enterprise choose an earlier vesting date if approved; that creates an administrative choice with potential liquidity and compliance implications.\n\n- Bureaucratic discretion and implementation risk: multiple provisions vest broad decision‑making in the Chief Commissioner (form approvals, publishing methods, extension or withdrawal of assessments, compliance notices and directions) (s 13B(6), s 12(3), s 28(5), ss 26N–26P). These delegated choices shape how strictly duties are enforced and the administrative burden on enterprises.\n\n- Compliance burden and enforcement concentration: penalties, administrative assessments and compliance notices concentrate enforcement in the agency administering the Act (s 10(3), s 26N). The Act imports parts of the Taxation Administration Act (with modifications) to provide enforcement machinery (s 27). The immediate fiscal effect is a transfer of funds to the Consolidated Fund (ss 10(2), 13B(5)).\n\nConcentrated benefits, diffuse costs and potential behavioural side‑effects (source‑grounded)\n\n- Concentrated benefit: the Consolidated Fund receives unclaimed sums (ss 10(2), 13B(5)).\n\n- Diffuse costs: many enterprises (including small entities and licensees with trust accounts) bear recurring administrative costs and compliance risk (ss 8A, 9B, 10, 11).\n\n- Potential substitution effects noted by the Act’s mechanics: enterprises may apply for a shorter approved dormancy period (s 7(1)(b)) or adjust record‑keeping and contact practices to avoid paying out or to recover funds, and public sector superannuation providers may be required to provide electronic data or TFNs which affects their back‑office processes (s 13B(6)).\n\nImplementation and legal process features to note\n\n- Record and inspection requirements with low maximum inspection fees (ss 11(4)–(5), 13C(3)–(4)).\n\n- Confidentiality limits and permitted disclosures (s 31).\n\n- Statutory objection and review rights, with time limits and specified routes to the Tribunal or Supreme Court and rules about onus (Part 4A, ss 26C–26M, 26H–26I).\n\nKey provisions cited: definitions and coverage (s 3), dormancy and unclaimed triggers (ss 7–9), enterprise duties (s 8A), annual returns and payment (s 10), publication (s 12), claims and repayment (ss 15–26B), objection/review (Part 4A), compliance notices (Part 4B, ss 26N–26P), application of Taxation Administration provisions (s 27), assessments (s 28), and enforcement (ss 46–47A)."}},"importantCases":[],"_links":{"self":"/api/acts/unclaimed-money-act-1995","history":"/api/acts/unclaimed-money-act-1995/history","analysis":"/api/acts/unclaimed-money-act-1995/analysis","conflicts":"/api/acts/unclaimed-money-act-1995/conflicts","importantCases":"/api/acts/unclaimed-money-act-1995/important-cases","documents":"/api/acts/unclaimed-money-act-1995/documents"}}