New South Wales Consolidated Acts

GOVERNMENT SECTOR FINANCE ACT 2018 - SECT 4.14

4.14 Payment of certain unclaimed money into Consolidated Fund

(1) Unless the regulations or Treasurer's directions provide differently, applicable related money must be paid to the Treasurer to the credit of the Consolidated Fund if the account in which the money is held has not been operated on for at least 3 months.

(2) An account for the purposes of subsection (1) may include--

(a) money whose owner is not identifiable, and

(b) money owned jointly or severally by 2 or more entities.

(3) The Treasurer may repay to an entity any money paid to the Treasurer under this section if--

(a) the Treasurer is satisfied that the entity is the owner of the money, and

(b) the claim is made in accordance with any requirements of the Treasurer's directions concerning the making of claims (including in respect of a period within which claims are to be made).

(4) The Treasurer is taken to have been given an appropriation out of the Consolidated Fund under the authority of this section for an amount equivalent to an amount that the Treasurer decides to repay under subsection (3).

(5) Section 4 (Operation on account) of the Unclaimed Money Act 1995 applies for the purpose of this section in the same way as it applies for the purposes of that Act.

(6) In this section--

"account" includes a record of money held on account of another entity.

"applicable related money" means money that a GSF agency (or a government officer of a GSF agency) holds on account for an entity other than another GSF agency, but does not include money that the GSF agency holds on account if it is--

(a) unclaimed money to which the Unclaimed Money Act 1995 applies, or

(b) money in respect of which provision is made by or under the constituent Act for the GSF agency for the regulation, payment or appropriation of unclaimed money.

"owner" of money means the person who is entitled to the money (or the person who would be so entitled except for the operation of the Limitation Act 1969 ), and includes the person's executors, administrators and assigns and the lawful attorney or agent in the State of the person, executor, administrator or assign.