11Unclaimed equipment for use in searching for, or taking, sedentary organisms found in controlled areas

Unclaimed equipment for use in searching for, or taking, sedentary organisms found in controlled areas.

11.—(1.) Where an officer—

(a) finds, in a controlled area, equipment for use in searching for, or taking, sedentary organisms; and

(b) does not know the identity of the owner of the equipment, he shall keep the equipment in safe custody for a period of thirty days.

(2.) Where, at the expiration of the period referred to in the last preceding sub-regulation, a person has not claimed, and established that he is the owner of, the equipment, the officer shall cause to be inserted once in one or more newspapers circulating in the locality of the port nearest to which the equipment was found or, if there is not such a newspaper, in such a newspaper as the appropriate Secretary directs, a notice describing the equipment and the approximate locality in which it was found and stating that if the equipment is not claimed, and the ownership of the claimant established, within a period of fourteen days from the date of the publication of the notice, the equipment will be sold by public auction.

(3.) After the expiration of the period specified in the notice, an officer may, if the equipment has not been claimed and the ownership of the claimant established, sell the equipment by public auction.

(4.) An officer may conduct an auction sale under this regulation without holding an auctioneer’s licence under the law of the State in which the auction sale is conducted.

(5.) The proceeds of a sale of equipment under this regulation shall be paid into the Consolidated Revenue Fund.

(6.) For the purposes of a sale of equipment in pursuance of this regulation, the Commonwealth shall be deemed to be the absolute owner of the equipment.

(7.) Equipment submitted for sale at an auction sale held in pursuance of this regulation but not sold may be disposed of in such manner as the appropriate Minister directs.

(8.) An action does not lie against the Commonwealth or a person, including a purchaser of the equipment, by reason of the sale or other disposal of equipment in pursuance of this regulation.