253FRelevant authority may be heard on application relating to debtor’s petition

253F  Relevant authority may be heard on application relating to debtor’s petition

 (1) The relevant authority may appear and be heard at the hearing of:

 (a) an application under subsection 55(6A) for leave to present a petition against a debtor in relation to whom a stay applies under a proclaimed law; or

 (b) an application under subsection 56A(7) by a person to whom a stay under a proclaimed law applies for the Court’s permission to join in presenting a petition against a partnership; or

 (c) an application under subsection 57(8) by a person in relation to whom a stay under a proclaimed law applies for leave to join in presenting a petition under section 57.

 (2) The relevant authority may appear in person or be represented by a barrister or solicitor.

Part XII—Unclaimed dividends or moneys

 

254  Payment of unclaimed moneys to the Commonwealth

 (1) In this section, trustee means:

 (a) a trustee of the estate of a bankrupt; or

 (aa) the administrator of a debt agreement; or

 (b) a trustee of a personal insolvency agreement; or

 (c) a trustee of a composition or a scheme of arrangement; or

 (d) a trustee of the estate of a deceased person in respect of which an order has been made under Part XI of this Act;

and includes the Official Trustee.

 (2) Where a trustee has under his or her control:

 (a) any dividends or other moneys that have remained unclaimed for a period exceeding 6 months, in circumstances where the trustee has identified the person entitled to the dividends or other moneys but has been unable to locate the person after making all reasonable efforts to do so; or

 (b) any moneys that it is proposed not to distribute or pay to any person;

he or she shall forthwith pay those moneys to the Commonwealth.

 (2A) Where:

 (a) the Court has, after the presentation of a creditor’s petition against a debtor, directed the Official Trustee, an Official Receiver or a registered trustee to take control of the property of the debtor;

 (b) the petition has been withdrawn or dismissed;

 (c) the Official Trustee, Official Receiver or registered trustee, as the case may be, has moneys under its control in pursuance of the direction; and

 (d) it is not reasonably practicable to pay those moneys to the person entitled to them;

the Official Trustee, Official Receiver or registered trustee, as the case may be, shall pay those moneys to the Commonwealth.

Application for entitlement determination