87Sale or disposal of unclaimed equipment

87 Sale or disposal of unclaimed equipment

(1) This section applies to equipment used for fishing if: (a) an officer finds the equipment in the AFZ; and (b) the identity of the owner of the equipment is unknown. (2) The officer must keep the equipment in safe custody for 30 days after the day on which it was found. (3) If the owner of the equipment has not been identified by the end of the period, AFMA must place a notice in: (a) one or more newspapers circulating in the port in Australia or an external Territory nearest to where the equipment was found; or (b) if there is no newspaper circulating in the port—one or more newspapers nominated by the CEO. (4) The notice must: (a) describe the equipment; and (b) identify the place, or approximate place, where it was found; and (c) state that unless the owner of the equipment is identified within 14 days after the date of publication of the newspaper, the equipment may be sold by public auction. (5) AFMA may attempt to sell the equipment by public auction if: (a) the owner of the equipment is not identified at the end of 14 days after the date on which the latest of the notices is published; and (b) the equipment is in saleable condition. (6) For the purposes of the auction: (a) the Commonwealth is taken to be the absolute owner of the equipment; and (b) an officer may conduct the auction without holding an auctioneer’s licence under the law of the State or Territory in which the auction is held; and (c) the proceeds of the sale of the equipment must be paid to AFMA. (7) AFMA may direct how the equipment is to be disposed of if: (a) the equipment is not in saleable condition; or (b) the equipment is offered, but not sold, at the auction. (8) AFMA may dispose of equipment that is marine debris in such manner as AFMA considers to be appropriate without complying with subsections (2) to (7).