Bankruptcy Regulations 1996

PART 12 - UNCLAIMED DIVIDENDS OR MONEYS  

REGULATION 12.01   STATEMENT WHERE MONEYS ARE PAID TO THE COMMONWEALTH  

12.01(1)    
Where a trustee pays moneys, under subsection 254(2) of the Act, to the Commonwealth, he or she must, at the time of payment, give to the officer to whom the moneys are paid a statement setting out the name and address of:

(a) the trustee; and

(b) the relevant bankrupt, debtor or (subject to subregulation (2)) deceased person, as the case requires; and

(c) each person who, so far as the trustee is aware, is entitled to the moneys or any part of the moneys.

12.01(2)    
For the purposes of paragraph (1)(b), where the relevant person is a deceased person, the address to be stated is that person's address at the date of his or her death.

12.01(3)    
Where the Official Trustee or Official Receiver, or a registered trustee, pays moneys, under subsection 254(2A) of the Act, to the Commonwealth, that person must, at the time of payment give to the officer to whom the moneys are paid a statement setting out the name and address of:

(a) the trustee; and

(b) each person who, so far as the Official Trustee, Official Receiver or registered trustee is aware, is entitled to the moneys or any part of the moneys.

12.01(4)    
A registered trustee who gives a statement to an officer in accordance with subregulation (1) or (3) must, within 7 days, give a copy of the statement to the Official Receiver.

12.01(5)    

An offence against subregulation (4) is an offence of strict liability.

Penalty: 1 penalty unit.

Note:

For strict liability , see section 6.1 of the Criminal Code .