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LIBRARIES ACT 1988 - SECT 51 Disposal of unclaimed property

LIBRARIES ACT 1988 - SECT 51

Disposal of unclaimed property

S. 51(1) amended by No. 61/1996 s. 29(e)(i).

    (1)     Subject to subsection (2) and with the approval of the Governor in Council, the Board may retain, exchange, sell, lease or dispose of any property which, although not vested in it by or under this Act—

S. 51(1)(a) amended by No. 61/1996 s. 29(e)(i).

        (a)     has been submitted to or left with the Board with a view to its acceptance by the Board by way of gift or purchase or for valuation or for the giving of an opinion thereon by or on behalf of the Board or for consideration for the purpose of any prize or competition; and

S. 51(1)(b) amended by No. 61/1996 s. 29(e)(i).

        (b)     has remained in the possession or custody of the Board for a period of not less than 5 years; and

        (c)     after notice has been given under subsection (2), has not been claimed by or on behalf of the person submitting or leaving the property or any other person claiming the property or any interest in it.

S. 51(2) amended by No. 61/1996 s. 29(e)(ii).

    (2)     Before seeking the approval of the Governor in Council to any retention, exchange, sale, lease or disposal under subsection (1), the Board must give not less than 6 months notice of its intention to deal with the property—

        (a)     by notice sent by certified mail to the person who submitted or left the property and addressed to the person at the person's last known residential or business address or, if the person has died, to his or her personal representative; or

S. 51(2)(b) amended by No. 61/1996 s. 29(e)(ii).

        (b)     by notice published in the Government Gazette and in a daily newspaper circulating generally throughout Victoria, if the name or residential address of the person who submitted or left the property is not known to the Board.