Western Australia
Escheat (Procedure) Act 1940
Reprint 1: The Act as at 21 March 2003
What the reprint includes
Endnotes, Compilation table
1.Details about the original Act and legislation that has amended its text are shown in the Compilation table
2.Validation, transitional, savings, or other provisions identified in the Compilation table
3.A table
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the Act is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Reprinted under the Reprints Act 1984 as |
at 21 March 2003 |
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Western Australia
Escheat (Procedure) Act 1940
CONTENTS
1.Short title1
2.Definitions1
4.Applications for order of escheat1
5.Notice to be published2
6.Person claiming title to property or premises may appear and support claim2
7.Court may declare property has become property of Crown by way of escheat2
8.Sale of escheated property and application of proceeds2
9.Governor in Executive Council may make orders with respect to escheated property in favour of persons with moral claim3
10.Sheriff to execute conveyance or transfer of escheated property4
11.Rules of Court4
12.Regulations5
Notes
Compilation table6
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Reprinted under the Reprints Act 1984 as |
at 21 March 2003 |
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Western Australia
Escheat (Procedure) Act 1940
An Act to repeal certain Ordinances 2 relating to escheat and to declare the law and practice in cases of escheat.
This Act may be cited as the Escheat (Procedure) Act 1940 1.
In this Act, subject to the context —
“Court” means a Judge of the Supreme Court.
“Escheated property” means real or personal property the subject of an order of escheat.
“Order of escheat” means an order made under this Act declaring that property has become the property of the Crown by way of escheat.
[3.Omitted under the Reprints Act 1984 s. 7(4)(f).]
4.Applications for order of escheat
In all cases where it appears that any property has escheated to the Crown (whether before or after the passing of this Act
Notice of the day and hour of any application under the last preceding section shall be published in the Government Gazette
6.Person claiming title to property or premises may appear and support claim
Any person claiming title to the property or premises the subject of any such application may appear and give evidence in support of such claim, may cross‑examine witnesses and may be represented by counsel. The Court may summon all such witnesses as may be considered necessary and enforce attendance of such witnesses.
7.Court may declare property has become property of Crown by way of escheat
Upon any such application the Court may declare that the property the subject of such application has become the property of the Crown by way of escheat. Orders made under this section shall be final and conclusive and shall not be liable to be reviewed on appeal. Any such order shall be deemed to be “on office found”, within the meaning of section 16 of the Curator of Intestate Estates Act 1918 3.
8.Sale of escheated property and application of proceeds
(1)If the Court makes an order of escheat the sheriff may, upon instructions from the Treasurer, seize and proceed to a sale of the escheated property, and the proceeds of any such sale, after payment of all fees and lawful expenses thereout, shall be paid to the Treasurer, and be by him
(2)Subject to the provisions of section 9, the Governor in Executive Council may repay or make good, without interest, any moneys so appropriated to any person who establishes a legal or equitable claim thereto, and all moneys in the Treasury forming part of or arising from the general revenue of the State shall be applicable for so repaying or making good the same.
[Section 8 amended by No. 6 of 1993 s. 13.]
9.Governor in Executive Council may make orders with respect to escheated property in favour of persons with moral claim
(1)In all cases where any property real or personal shall have escheated to the Crown under the provisions of this Act
(2)From and after the making of an order by the Governor under this section, no claim shall be brought or made against the Governor in Executive Council or the Minister for Justice or the Attorney General, as the case may be, the Treasurer, the sheriff, or any person or persons in whose favour an order is made under this section, by any person in respect of the property or the proceeds thereof which is or are the subject of the order and all such claims shall, as against all such persons as aforesaid
10.Sheriff to execute conveyance or transfer of escheated property
(1)Upon a sale of real property under section 8, or upon the order of the Governor in Executive Council directing the conveyance or transfer of any escheated property to any person or persons named in such order, the sheriff shall execute a proper conveyance or transfer of the land to the purchaser or to the person or persons named in the order of the Governor in Executive Council, as the case may be, which said
(2)The Registrar of Titles, upon production to him
[Section 10 amended by No. 81 of 1996 s. 153(1).]
(1)Rules of Court may be made for regulating the practice and procedure to be followed and observed in proceedings under this Act and the fees to be charged.
(2)No costs shall be awarded against any party to an application under this Act.
The Governor may make regulations providing for all or any purpose that may be necessary or expedient to carry out the objects and purposes of this Act
[Schedule omitted under the Reprints Act 1984 s. 7(4)(f).]
Notes
1This reprint is a compilation as at 21 March 2003 of the Escheat (Procedure) Act 1940 and includes the amendments made by the other written laws referred to in the following table
Short title |
Number and year |
Assent |
Commencement |
Escheat (Procedure) Act 1940 |
45 of 1940 |
30 Dec 1940 |
30 Dec 1940 |
Financial Administration Legislation Amendment Act 1993 s. 13 |
6 of 1993 |
27 Aug 1993 |
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Transfer of Land Amendment Act 1996 s. 153(1) |
81 of 1996 |
14 Nov 1996 |
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Reprint 1: The Escheat (Procedure) Act 1940 as at 21 Mar 2003 (includes amendments listed above) |
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2The provision in this Act repealing these Ordinances has been omitted under s. 7(4)(f) of the Reprints Act 1984.
3Repealed by the Public Trustee Act 1941.