Document ID: chunk:federal_register_of_legislation:C2025C00165:section:69:p2
Version: federal_register_of_legislation:C2025C00165
Segment Type: section
Provision Reference: s 69 (pt 2/4)
Character Range: 376636–379111

moneys:
 (a) held in RSAs (within the meaning of the Retirement Savings Accounts Act 1997); or
 (c) held in accounts with the ADI that are operated on either by deposit or withdrawal between the end of the year and the day the statement is delivered to the Treasurer; or
 (d) held in an account with the ADI in respect of which the holder of the account, or an agent of the holder, has notified the ADI, between the end of the year and the day the statement is delivered to the Treasurer, that the holder wishes to treat the account as active.
 (3AA) The ADI commits an offence if:
 (a) it does not give the Treasurer a statement as required by subsection (3); and
 (b) there is no determination in force under section 11 that this subsection does not apply to the ADI.
Penalty: 50 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: If a body corporate is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.
 (4) The statement shall set out:
 (a) the name, and the last‑known address, of each shareholder, depositor or creditor; and
 (b) the amount required to be paid under subsection (5); and
 (c) in the case of moneys to the credit of an account—the office or branch of the ADI at which the account was kept.
 (5) The ADI must, at the time of the delivery of the statement, pay the Commonwealth an amount equal to the total of all sums of unclaimed moneys covered by subsection (3) in relation to the ADI, as at the end of the year.
 (5A) The ADI commits an offence if:
 (a) it does not pay, at the time of the delivery of the statement, the amount required by subsection (5); and
 (b) there is no determination in force under section 11 that this subsection does not apply to the ADI.
Penalty: 50 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: If a body corporate is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.
 (6) Subject to subsection (7), an ADI is, upon payment to the Commonwealth of an amount as required by this section, discharged from further liability in respect of that amount.
 (7) Where unclaimed moneys have been paid to the Commonwealth under this section and the Treasurer or