157Sale and disposal of seized goods

157 Sale and disposal of seized goods (1) Within 14 days after the day the goods are seized under these By-laws, an authorised person must take reasonable steps to give a written notice of the seizure to the owner of the goods. (2) The notice must include the following information: (a) a description of the goods; (b) the reason for seizing the goods; (c) details of how the goods may be recovered, including any fee for recovery; (d) a warning that the goods may be disposed of if the person fails to recover the goods within 14 days of receiving the (3) If the owner cannot be found or the owner's name cannot be ascertained, an authorised person must certify to the CEO the reason for failure to serve the notice. (4) The CEO may publish notice of the seizure if the goods are of sufficient value to justify the publication. (5) The City may sell or dispose of the goods if the owner does not claim the goods and pay the expenses relating to their seizure and custody within 28 days of the later of the following: (a) the day of service of a notice under clause (1);

City of Darwin By-laws 2023 78 (b) the first day of publication under clause (4). (6) Any proceeds from the sale of the goods must be applied in the following priority: (a) the City's costs incurred by the City in the sale; (b) the City's reasonable costs of seizure and custody before sale or disposal; (c) any balance owing to the owner. (7) Any balance owing to the owner must be: (a) paid to the owner as soon as practicable; or (b) if unclaimed by the owner within 6 months after the day the goods were seized – paid into the City's general fund. (8) Despite clauses (1) to (5), seized goods may be destroyed or disposed of immediately if perishable, soiled, infested or otherwise hazardous or unusable. Part 10 Repeal and transitional matters for City of Darwin By-laws 2023 Division 1 Repeals 158 By-laws repealed The By-laws specified in Schedule 1 are repealed. Division 2 Transitional matters for City of Darwin By-laws 2023 159 Definitions In this Division: commencement means the commencement of by-law 158. former By-laws means the Darwin City Council By-laws 1994 as in force immediately before the commencement.

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