Unclaimed and undistributed dividends orUnclaimed and undistributed dividends or moneys.

### Unclaimed and undistributed dividends or moneys. E.B.A., s. 153. 4 & 5 Geo. V., c. 47, s. 16. N.S.W., s. 105. Vic., ss. 118, 208. S.A., ss. 229, 230. W.A., s. 138. Q., ss. 198, 200. Tas., ss. 51, 109. 208.—(1.) Where the trustee, under any bankruptcy, composition, or scheme or deed of arrangement or deed of assignment, has under his control— (a) any unclaimed dividend or moneys which have remained unclaimed for more than six months; or (b) after making a final dividend, any unclaimed or undistributed moneys arising from the property of the debtor, he shall forthwith pay those moneys into such account at the Treasury as is prescribed. (2.) The Court may at any time on the application of the Registrar or official receiver order any trustee to submit to it an account of any unclaimed or undistributed funds or dividends under his control, verified by affidavit, and may direct and enforce an audit thereof and may direct him to pay them into such account at the Treasury as is prescribed. (3.) For the purposes of this section the Court may exercise all the powers conferred by this Act with respect to the discovery and realization of the property of a bankrupt, and the provisions of this Act with respect thereto shall, with such modifications as are prescribed, apply to proceedings under this section. (4.) The provisions of this section shall not, except as expressly declared herein, deprive any person of any other right or remedy to which he is entitled against the trustee or any other person. (5.) Any person claiming to be entitled to any moneys paid in to the prescribed account pursuant to this section may apply to the Court for payment to him of any sum due to him, and, if satisfied that the person claiming is entitled thereto, the Court shall make an order for the payment accordingly. (6.) The interest arising from any investment of the moneys paid in to the prescribed account pursuant to this section shall be paid to the credit of a fund to be called the “Bankruptcy Suitors’ Fund” which shall be a trust account within the meaning of section sixty-two a of the Audit Act 1901–1920. (7.) If it appears to the Court, upon the application of the official receiver or trustee, that inquiries or proceedings relating to a bankrupt’s estate ought to be instituted or carried on, or any prosecution ought to be carried on against any person for any offence against this Act, and that there are no funds in the estate available for the inquiries, proceedings or prosecution, the Court may direct the payment of the costs of any such inquiries, proceedings or prosecution, after taxation thereof out of the “Bankruptcy Suitors’ Fund” and payment of the taxed costs shall be made accordingly.