Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where
money —
(a)
becomes money to which section 37 of the Aboriginal Affairs Planning
Authority Act 1972 applies, and —
(i)
no claim is made under section 35 or 36 of that Act,
or a claim so made is found not to be valid; and
(ii)
after a period of 3 years that money has not vested
in the Authority under that section;
(b)
being money to which section 28 of the Disposal of Uncollected Goods
Act 1970 applies, is, or is liable to be, deposited with the Treasurer;
(c)
under section 10(3) of the Warehousemen’s Liens Act 1952 is,
or is liable to be, paid to the Treasurer for payment to the Consolidated
Account;
(d)
under section 8 of the Escheat (Procedure) Act 1940 is, or is
liable to be, paid to the Treasurer;
(e)
under section 45(1) of the Public Trustee Act 1941 is paid to the
Treasury for the public service;
(f)
having been paid into the Supreme Court by a person under section 99 of
the Trustees Act 1962 , or under an Act repealed by that Act, and not
distributed, is vested in the Public Trustee and is for the time being held in
the Common Account as defined in section 2 of the Public Trustee
Act 1941 ;
(g) is
money, or the proceeds of a sale of property, unclaimed by the person
entitled, which under section 27 of the Trustee Companies Act 1987
is, or is liable to be, paid to the Treasurer;
(h) is
money that under the Criminal and Found Property Disposal Act 2006 is to be
dealt with under this Act;
(j) is
the proceeds of a sale or disposal, under the Road Traffic Act 1974
section 80J(2), of an uncollected vehicle or an item, as defined in
section 80J(1) of that Act, which under section 80J(7)(k) of that
Act is, or is liable to be, paid to the Treasurer;
(ja)
which is not for the time being disbursable prescribed retained money and
represents the net proceeds of a sale of goods under regulations under
Schedule 7, item 16 of the Port Authorities Act 1999 , is, or
is liable to be paid to the Treasury;
[(k), (m)-(q) deleted]
(r) is
money which —
(i)
is to be held on a trust, or subject to any duty or
requirement, imposed by a written law for the use or benefit of persons who
may have a claim as owner in respect of that money; or
(ii)
is held in any department or statutory authority, within
the meaning of the Financial Management Act 2006 , or by a person subject
to the provisions of that Act by virtue of the office, service or employment
of that person, under any written law for or on account or for the use or
benefit of any other person as owner,
and that money is, or
by a written law is required to be, paid to the Treasurer or credited to the
Consolidated Account or any other account at the Treasury in default of a
claim being made by the owner; or
(s) is
money which is by any written law required to be dealt with as though it were
money to which the repealed Act applied,
that money shall,
after the commencement of this Act, be taken for the purposes of this section
to be prescribed retained money.
(2) Regulations made
under this Act may, by reference to the written law under which the money is
held or to the circumstances under which the money is held, provide that money
of a kind therein specified shall be taken for the purposes of this section to
be prescribed retained money.
(3) Subject to
section 4(1)(c), regulations made under this Act may provide that where a
person is the holder of prescribed retained money that person
shall —
(a) on
or before a date specified in the regulations —
(i)
notify the Treasurer in the prescribed manner of the
matters referred to in section 8(1)(a); and
(ii)
provide to the Treasurer the information and facilities
referred to in section 8(1)(b);
and
(b) not
later than 6 months after the date so specified, notify the Treasurer in
the prescribed manner of the matters referred to in section 8(2),
in relation to that
money as though it had been unclaimed money to which Part 2 applies.
[Section 9 amended by No. 6 of 1993
s. 11 and 16(1); No. 73 of 1994 s. 4; No. 49 of 1996,
s. 64; No. 24 of 1998 s. 68(2); No. 5 of 1999 s. 21
and 26; No. 26 of 1999 s. 109; No. 10 of 2004 s. 15(2);
No. 59 of 2006 s. 73; No. 77 of 2006 s. 4 and 17; No. 9 of
2008 s. 36; No. 8 of 2009 s. 11.]