Queensland Consolidated Acts

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LOCAL GOVERNMENT (QUEEN STREET MALL) ACT 1981 - SECT 11C

11C Sale of vehicle removed from mall

(1) This section applies if--

(a) the town clerk has not delivered possession of the vehicle under section 11B within 28 days after the date notice is given under section 11A; or
(b) each of the following applies--
(i) the town clerk has not delivered possession of the vehicle under section 11B;
(ii) an application has been made under section 11B for the return of the vehicle;
(iii) the town clerk has refused the application;
(iv) the period allowed for an appeal against the decision has ended or the appeal has been decided.

(2) The town clerk may, by notice published in a newspaper circulating in the city, advertise that the council will offer the vehicle for sale by public auction on the day and at the time and place stated in the advertisement.

(3) The day stated in the advertisement must not be earlier than 14 days after the day the notice is advertised.

(4) The council may offer the vehicle for sale by public auction on the day and at the time and place stated in the advertisement.

(5) If no offer for the vehicle is received at the auction, the council may dispose of the vehicle in the way and on the conditions decided by the town clerk.

(6) The proceeds of the sale or disposal of the vehicle must be applied as follows--

(a) firstly, in payment of the expenses of the sale or disposal;
(b) secondly, in payment of the costs of--
(i) removing and keeping the vehicle; and
(ii) giving a notice under section 11A;
(c) thirdly--
(i) in payment to the owner of the vehicle; or
(ii) if the owner can not be identified after reasonable inquiry--in payment into the city fund.

(7) The council may deal with any goods, equipment or thing in or on the vehicle when it is removed in the same way as the council may deal with the vehicle under this section.

(8) However, any perishable goods in or on the vehicle when it is removed must be disposed of in the way directed by the town clerk.

(9) Any proceeds of the disposal must be applied in accordance with subsection (6).



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