sec.149JDisposal of property

sec.149J Disposal of property

Any property retained for safe custody under section 149I (2) (m) must, as soon as is practicable, be delivered into the possession of a person authorised by, or a person belonging to a class of person authorised by, the commissioner for the purposes of this section. The authorised person— must cause the property to be returned to the person the authorised person believes is entitled to possession of it; or if unable to form such a belief, must dispose of or otherwise deal with the property in accordance with any code of practice or any direction given by the commissioner. Subject to subsection (4) , any dealing with property pursuant to subsection (2) does not affect the right of any person to recover the property by action from any person who has possession of it as a result of that dealing. An action referred to in subsection (3) must be commenced within 6 months of the date on which the property was dealt with pursuant to subsection (2) . s 149J (prev s 54) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 37 (2) (sec.149J-ssec.1) Any property retained for safe custody under section 149I (2) (m) must, as soon as is practicable, be delivered into the possession of a person authorised by, or a person belonging to a class of person authorised by, the commissioner for the purposes of this section. (sec.149J-ssec.2) The authorised person— must cause the property to be returned to the person the authorised person believes is entitled to possession of it; or if unable to form such a belief, must dispose of or otherwise deal with the property in accordance with any code of practice or any direction given by the commissioner. (sec.149J-ssec.3) Subject to subsection (4) , any dealing with property pursuant to subsection (2) does not affect the right of any person to recover the property by action from any person who has possession of it as a result of that dealing. (sec.149J-ssec.4) An action referred to in subsection (3) must be commenced within 6 months of the date on which the property was dealt with pursuant to subsection (2) .

• (a) must cause the property to be returned to the person the authorised person believes is entitled to possession of it; or
• (b) if unable to form such a belief, must dispose of or otherwise deal with the property in accordance with any code of practice or any direction given by the commissioner.