LOCAL GOVERNMENT ACT 1995 - SECT 3.47
LOCAL GOVERNMENT ACT 1995 - SECT 3.47
3.47 . Confiscated or uncollected goods, disposal of
(1) The local
government may sell or otherwise dispose of any goods that have been ordered
to be confiscated under section 3.43.
(2) The local
government may sell or otherwise dispose of any vehicle that has not been
collected within —
(a) 2
months of a notice having been given under section 3.40(3); or
(b) 7
days of a declaration being made under section 3.40A(4) that the vehicle is an
abandoned vehicle wreck.
(2a) The local
government may sell or otherwise dispose of impounded goods that have not been
collected within the period specified in subsection (2b) of —
(a) a
notice having been given under section 3.42(1)(b) or 3.44; or
(b)
being impounded if the local government has been unable, after making
reasonable efforts to do so, to give that notice to the alleged offender.
(2b) The period after
which goods may be sold or otherwise disposed of under subsection (2a) is
—
(a) for
perishable goods — 3 days;
(b) for
animals — 7 days;
(ca) for
prescribed non-perishable goods — one month;
(c) for
other non-perishable goods — 2 months.
(3) Section 3.58
applies to the sale of goods under this section as if they were property
referred to in that section.
(4) Money received by
a local government from the sale of goods under subsection (2a) is to be
credited to its trust fund except to the extent required to meet the costs and
expenses incurred by the local government in removing, impounding and selling
the goods.
(5) Money received by
a local government from the sale of a vehicle under subsection (2) is to be
credited to its trust fund except to the extent required to meet the costs
referred to in section 3.46 and the expenses incurred by the local government
in selling the vehicle.
(6) Unless this
section requires it to be credited to its trust fund, money received by a
local government from the sale under this section of any goods is to be
credited to its municipal fund.
[Section 3.47 amended: No. 64 of 1998 s. 11; No.
49 of 2004 s. 25(4); No. 17 of 2009 s. 9.]