Escheat (Procedure) Act 1940

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 carried to the credit of the Consolidated Account. In like manner any other moneys which are the subject of an order of escheat may be paid by the sheriff to the Treasurer to be dealt with accordingly. The provisions of this subsection shall have no application in any manner whatsoever to any real or personal property vested in the Curator of Intestate Estates under the provisions of the Curator of Intestate Estates Act 1918 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.