156Right of Authority to dispose of effects of deceased seaman

#### 156 Right of Authority to dispose of effects of deceased seaman (1) Where any property of a deceased seaman comes into the hands of the Authority, the Authority, after deducting such sum as it thinks proper for expenses incurred in respect of that seaman or of his or her property, shall, subject to the provisions of this Act, deal with the residue as follows: (a) If the property exceeds in value $2,000, it shall pay and deliver the residue to the legal personal representative of the deceased; (b) If the property does not exceed in value $2,000, it may either: (i) pay or deliver the residue to any claimant who is proved to its satisfaction to to have been the deceased’s spouse or de facto partner immediately before the deceased’s death, to be a child of the deceased, or to be legally entitled to the personalty of the deceased, or to be a person entitled to take out representation, although no such representation has been taken out, and shall be thereby discharged from all further liability in respect of the residue so paid or delivered; or (ii) require representation to be taken out, and pay and deliver the residue to the legal personal representative of the deceased; (c) If the deceased was, at the time of his or her death, a subject of a country between which and Australia an international agreement exists relating to the disposal of the property of deceased seamen who are nationals of that country, and if the property does not exceed in value $2,000, the Authority may, in terms of that agreement, pay and deliver the residue to the consul of the country of which the deceased was a subject, and the Authority shall be thereby discharged from all further liability in respect of the residue so paid or delivered. (2) Every person to whom any such residue is so paid or delivered shall apply it in due course of administration. Penalty: $1,000. (3) Moneys to which subsection (1) applies that, in the opinion of the Authority, cannot for the time being be dealt with as that subsection requires, may be invested by the Authority as prescribed.