Bankruptcy Act 1966
PART XII
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UNCLAIMED DIVIDENDS OR MONEYS
SECTION 254
PAYMENT OF UNCLAIMED MONEYS TO THE COMMONWEALTH
254(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;
254(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;
254(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(b) the petition has been withdrawn or dismissed;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;
Application for entitlement determination
254(3)
A person who claims to be entitled to any moneys that have been paid to the Commonwealth under subsection (2) or (2A) may make an application, in the approved form, to the Official Receiver for a determination that the person is so entitled.
Official Receiver satisfied person entitled to moneys
254(4)
If a person makes an application in accordance with subsection (3) and the Official Receiver is satisfied that the person is entitled to those moneys or a part of those moneys, the Official Receiver must:
(a) make a written determination to that effect; and
(b) specify in the determination the amount to which the person is so entitled; and
(c) give the person notice of the determination.
254(5)
The Commonwealth must pay to the person an amount equal to the amount referred to in paragraph (4)(b). That amount is a repayment for the purposes of section 77 of the Public Governance, Performance and Accountability Act 2013 .
Official Receiver not satisfied person entitled to moneys
254(6)
If a person makes an application in accordance with subsection (3) and the Official Receiver is not satisfied as mentioned in subsection (4), the Official Receiver must:
(a) make a written determination to that effect; and
(b) give the person notice of the determination.
Review by the Court
254(7)
The person may apply to the Court for review of a determination under subsection (4) or (6).
254(8)
After reviewing the determination, the Court must:
(a) affirm the determination; or
(b) vary the determination; or
(c) set aside the determination and substitute another determination.
Official Receiver ' s determination not a legislative instrument
254(9)
A determination under subsection (4) or (6) is not a legislative instrument.
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.
View history note
Hide history note254(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.
254(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
254(3)
A person who claims to be entitled to any moneys that have been paid to the Commonwealth under subsection (2) or (2A) may make an application, in the approved form, to the Official Receiver for a determination that the person is so entitled.
Official Receiver satisfied person entitled to moneys
254(4)
If a person makes an application in accordance with subsection (3) and the Official Receiver is satisfied that the person is entitled to those moneys or a part of those moneys, the Official Receiver must:
(a) make a written determination to that effect; and
(b) specify in the determination the amount to which the person is so entitled; and
(c) give the person notice of the determination.
254(5)
The Commonwealth must pay to the person an amount equal to the amount referred to in paragraph (4)(b). That amount is a repayment for the purposes of section 77 of the Public Governance, Performance and Accountability Act 2013 .
Official Receiver not satisfied person entitled to moneys
254(6)
If a person makes an application in accordance with subsection (3) and the Official Receiver is not satisfied as mentioned in subsection (4), the Official Receiver must:
(a) make a written determination to that effect; and
(b) give the person notice of the determination.
Review by the Court
254(7)
The person may apply to the Court for review of a determination under subsection (4) or (6).
254(8)
After reviewing the determination, the Court must:
(a) affirm the determination; or
(b) vary the determination; or
(c) set aside the determination and substitute another determination.
Official Receiver ' s determination not a legislative instrument
254(9)
A determination under subsection (4) or (6) is not a legislative instrument.
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