166Sale or other disposal of items

166 Sale or other disposal of items (1) This section applies in relation to an item that has lawfully come into the possession of a member in the course of the member's duties. (2) Subject to section 112 of the Classification of Publications, Films and Computer Games Act 1985, the item may be sold by public auction, or otherwise disposed of as directed by the Commissioner, if: (a) the item is not claimed by a person who has a legal right to the item within 3 months; and (b) a notice of intention to sell or otherwise dispose of the item has been published on the Agency's website or in another manner as directed by the Commissioner. (3) Despite subsection (2), if, in the opinion of a member, the item is of a perishable nature, the Commissioner may authorise the sale or other disposal of the item at any time and without notice. (4) A sale or other disposal under this section is valid against all persons. Police Administration Act 1978 164 166AA Medical examinations (1) Where the Commissioner proposes to promote or transfer under this Act a member, the Commissioner: (a) in the case of: (i) a proposed promotion – shall; or (ii) a proposed transfer – may, by notice in writing served on the member, request that member to undergo a medical examination, at a time and place specified in the notice, for the purpose of ascertaining the medical fitness of that member to discharge the duties attaching to the position to which it is proposed to promote or transfer that member. (2) A member the subject of a request under subsection (1) shall, at the time and place specified in the request, undergo the medical examination specified in that request. (3) Where a medical examination referred to in subsection (1)(a) of a member shows that he does not have the medical fitness to discharge the duties attaching to the position to which it is proposed to promote or transfer him, the Commissioner may, for that reason, refuse to so promote or transfer that member. (4) For the purposes of this section, medical fitness, in relation to a member, includes the mental health of the member.