Public Trustee Act 1930
36ADealing with unclaimed moneys
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36A Dealing with unclaimed moneys
[Section 36A Inserted by No. 51 of 1967, s. 4 ]
(1) [Section 36A Subsection (1) amended by No. 23 of 2009, s. 41, Applied:16 Jun 2009] Where any moneys forming part of an estate have become payable (whether before or after the commencement of this section) to any person and, for a period of five years after becoming so payable, have remained unclaimed by the person entitled thereto, those moneys may be paid into the common fund (unless they already form part thereof) and, subject to this Act, shall not be paid over to any person except with the approval of the Public Trustee.
(2) [Section 36A Subsection (2) amended by No. 23 of 2009, s. 41, Applied:16 Jun 2009] *[Section 36A Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]*Notwithstanding anything in subsection (1) of this section, where the moneys referred to therein have, for a further period of six years after the period referred to therein, remained unclaimed by the person entitled thereto, the Public Trustee shall pay those moneys to the Treasurer to the credit of the Public Account.
(3) [Section 36A Subsection (3) substituted by No. 23 of 2009, s. 41, Applied:16 Jun 2009] If a claim is made for a sum of money that has been paid into the Public Account pursuant to subsection (2) , the Treasurer may, without further appropriation than this section, pay that sum to the claimant if satisfied on the advice of the Public Trustee that the claim is valid.
(4) [Section 36A Subsection (4) amended by No. 23 of 2009, s. 41, Applied:16 Jun 2009] Where any moneys are required to be paid to the Treasurer under subsection (2) of this section no claim may be made under subsection (3) of this section after the expiration of ten years from the date on which they were required to be so paid.
(5) Where any moneys are paid into the common fund under subsection (1) of this section they shall be treated as a separate estate for the purposes of this Act and as forming the capital moneys of that estate.