Commonwealth Consolidated Regulations

FINANCIAL MANAGEMENT AND ACCOUNTABILITY REGULATIONS 1997 - REG 23

         (1)   If:

                (a)    property (other than money, or property to which subregulation (2) applies) is found on premises, or in an aircraft, vessel, vehicle, container or receptacle, under the control of the Commonwealth; and

               (b)    the property is not claimed by its owner within 3 months from the date on which it is so found;

the Commonwealth may dispose of the property.

         (2)   The Commonwealth may, at any time, dispose of:

                (a)    live plants or animals; or

               (b)    perishable goods; or

                (c)    articles that are, or could be, dangerous or noxious;

found on premises, or in an aircraft, vessel, vehicle, container or receptacle, under the control of the Commonwealth.

         (3)   The Commonwealth must dispose of the property by sale, unless it is impracticable, or undesirable in the public interest, to do so.

         (4)   If:

                (a)    the Commonwealth has disposed of property by sale; and

               (b)    the person who was the owner of the property immediately before the sale makes a claim on the Commonwealth in respect of the property;

the Commonwealth must pay to the person an amount equal to the amount for which the property was sold less the aggregate of any amounts reasonably spent by the Commonwealth for the storage, maintenance or disposal of the property.

         (5)   If property is sold by the Commonwealth, any right in respect of the property vested in a person before the sale ceases to exist at the time of the sale.