sec.28FPerson holding prisoner’s artwork for prisoner

### sec.28F Person holding prisoner’s artwork for prisoner A person, other than the State, holding prisoner’s artwork on behalf of a prisoner must not sell, give, give possession of, or otherwise dispose of the prisoner’s artwork, unless allowed to do so under subsection (2) , (3) or (4) . Maximum penalty—40 penalty units. The person may give the artwork— to the prisoner, if the prisoner is discharged or released from custody; or to someone else to hold on the prisoner’s behalf, if the prisoner consents. If the person tells the prisoner that the person no longer wishes to hold the artwork on behalf of the prisoner— the person may give the artwork— to another person authorised by the prisoner to hold the artwork on the prisoner’s behalf; or to a person authorised by the prisoner to collect the artwork for delivery to another person to hold on the prisoner’s behalf; or if— the prisoner has not been discharged or released from custody; and the person has not received authority from the prisoner to deal with the artwork under paragraph (a) within 1 month after telling the prisoner the person no longer wishes to hold the artwork on behalf of the prisoner; the person may give the artwork to the chief executive. The person may dispose of the artwork if all of the following apply— the prisoner is discharged or released from custody; the recipient makes reasonable efforts to locate the prisoner and ask the prisoner to collect, or arrange for the collection of, the artwork; the artwork is not collected by or for the prisoner within 6 months after the prisoner’s discharge or release from custody. The person must not ask for, or accept, consideration for— giving the artwork to someone else to hold on the prisoner’s behalf; or giving the artwork to a person for delivery to another person to hold on the prisoner’s behalf. Maximum penalty for subsection (5) —40 penalty units. s 28F ins 2009 No. 30 s 7 amd 2020 No. 23 s 69 s ch 1 pt 1 (sec.28F-ssec.1) A person, other than the State, holding prisoner’s artwork on behalf of a prisoner must not sell, give, give possession of, or otherwise dispose of the prisoner’s artwork, unless allowed to do so under subsection (2) , (3) or (4) . Maximum penalty—40 penalty units. (sec.28F-ssec.2) The person may give the artwork— to the prisoner, if the prisoner is discharged or released from custody; or to someone else to hold on the prisoner’s behalf, if the prisoner consents. (sec.28F-ssec.3) If the person tells the prisoner that the person no longer wishes to hold the artwork on behalf of the prisoner— the person may give the artwork— to another person authorised by the prisoner to hold the artwork on the prisoner’s behalf; or to a person authorised by the prisoner to collect the artwork for delivery to another person to hold on the prisoner’s behalf; or if— the prisoner has not been discharged or released from custody; and the person has not received authority from the prisoner to deal with the artwork under paragraph (a) within 1 month after telling the prisoner the person no longer wishes to hold the artwork on behalf of the prisoner; the person may give the artwork to the chief executive. (sec.28F-ssec.4) The person may dispose of the artwork if all of the following apply— the prisoner is discharged or released from custody; the recipient makes reasonable efforts to locate the prisoner and ask the prisoner to collect, or arrange for the collection of, the artwork; the artwork is not collected by or for the prisoner within 6 months after the prisoner’s discharge or release from custody. (sec.28F-ssec.5) The person must not ask for, or accept, consideration for— giving the artwork to someone else to hold on the prisoner’s behalf; or giving the artwork to a person for delivery to another person to hold on the prisoner’s behalf. Maximum penalty for subsection (5) —40 penalty units. - (a) to the prisoner, if the prisoner is discharged or released from custody; or - (b) to someone else to hold on the prisoner’s behalf, if the prisoner consents. - (a) the person may give the artwork— (i) to another person authorised by the prisoner to hold the artwork on the prisoner’s behalf; or (ii) to a person authorised by the prisoner to collect the artwork for delivery to another person to hold on the prisoner’s behalf; or - (i) to another person authorised by the prisoner to hold the artwork on the prisoner’s behalf; or - (ii) to a person authorised by the prisoner to collect the artwork for delivery to another person to hold on the prisoner’s behalf; or - (b) if— (i) the prisoner has not been discharged or released from custody; and (ii) the person has not received authority from the prisoner to deal with the artwork under paragraph (a) within 1 month after telling the prisoner the person no longer wishes to hold the artwork on behalf of the prisoner; - (i) the prisoner has not been discharged or released from custody; and - (ii) the person has not received authority from the prisoner to deal with the artwork under paragraph (a) within 1 month after telling the prisoner the person no longer wishes to hold the artwork on behalf of the prisoner; - (i) to another person authorised by the prisoner to hold the artwork on the prisoner’s behalf; or - (ii) to a person authorised by the prisoner to collect the artwork for delivery to another person to hold on the prisoner’s behalf; or - (i) the prisoner has not been discharged or released from custody; and - (ii) the person has not received authority from the prisoner to deal with the artwork under paragraph (a) within 1 month after telling the prisoner the person no longer wishes to hold the artwork on behalf of the prisoner; - (a) the prisoner is discharged or released from custody; - (b) the recipient makes reasonable efforts to locate the prisoner and ask the prisoner to collect, or arrange for the collection of, the artwork; - (c) the artwork is not collected by or for the prisoner within 6 months after the prisoner’s discharge or release from custody. - (a) giving the artwork to someone else to hold on the prisoner’s behalf; or - (b) giving the artwork to a person for delivery to another person to hold on the prisoner’s behalf.