Queensland Consolidated Acts

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PUBLIC TRUSTEE ACT 1978 - SECT 102

102 Unclaimed moneys to be paid to public trustee by accountable person

(1A) When an accountable person gives a statement to the public trustee under section 100A, the accountable person must pay to the public trustee the amount equalling the difference between the following amounts specified in the statement—

(a) the unclaimed superannuation benefits held by the accountable person at the end of the half-year to which the statement relates;
(b) the unclaimed superannuation benefits paid to a person after the end of the half-year to which the statement relates, the particulars of which must be contained in the statement under section 100A(5).

Maximum penalty—200 penalty units.

(1) All unclaimed moneys, other than unclaimed superannuation benefits, which have not been paid by an accountable person to the owner thereof within 1 year after they have been or should have been entered in the register kept by the accountable person under section 100 shall be paid by such person to the public trustee.

Maximum penalty—200 penalty units.

(2) However, an accountable person may deduct out of all unclaimed moneys, other than unclaimed superannuation benefits, payable by the accountable person to the public trustee the expenses paid by the accountable person in the advertising of the register as aforesaid, and such expenses shall be deducted from the respective balances of such moneys in proportion to the respective amounts thereof.

(3) An accountable person who fails to pay any unclaimed moneys to the public trustee as herein required shall be liable to a maximum penalty of 1 penalty unit for every day during which such default continues.

(4) Any right of the owner to recover such unclaimed moneys which exists at the time the accountable person enters such unclaimed moneys in the register shall not be prejudiced or affected by such entry and such right may be enforced by such owner at any time before the unclaimed moneys are paid to the public trustee, but not afterwards.

(5) However, the accountable person shall be entitled to deduct from the amount payable to the owner such part of the expenses paid by the accountable person in advertising the notice required by section 100(3) as the amount claimed bears to the total amount to which the notice relates.



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