TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 51J Notice to owner

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 51J

51J Notice to owner

(1) As soon as practicable, but within 14 days after removing a removed thing from a road, the chief executive must give the owner of the removed thing a written notice—

(a) stating that the removed thing has been removed; and

(b) explaining how it may be recovered; and

(c) stating that it may be sold if it is not recovered.

(2) If the owner can not be identified or located within the 14 days, the notice may be given by publishing it in a newspaper circulating generally in the State.

(3) The chief executive need not give the notice required by this section for a vehicle if—

(a) the chief executive reasonably believes the vehicle is abandoned; and

(b) either—

(i) the proceeds of the vehicle’s sale are not likely to cover—

(A) the moving expenses for the vehicle; and

(B) the expenses incurred by the chief executive in selling the vehicle; or

(ii) it is otherwise impracticable to give the notice.

(4) The chief executive need not give the notice required by this section for a removed thing other than a vehicle if—

(a) the chief executive reasonably believes the removed thing is abandoned; or

(b) the proceeds of the removed thing’s sale are not likely to cover—

(i) the moving expenses for the removed thing; and

(ii) the expenses incurred by the chief executive in selling the removed thing; or

(c) it is otherwise impracticable to give the notice.

(5) In this section—


"removed thing other than a vehicle" , for subsection (4) , includes anything, including the load of a vehicle, that has become separated from the vehicle during the exercise of powers under this part.


"vehicle" , for subsection (3) , includes the vehicle’s load to the extent it has remained with the vehicle during the exercise of powers under this part.