43Finding property

### 43 Finding property > > (1)  *\[Section 43 Subsection (1) substituted by No. 46 of 1991, s. 5 and Sched. 3 \]*A person finding and taking possession of any money, goods, or chattels shall not fail to convey and deliver the same to a neighbouring police station within 7 days after such taking of possession, unless, if the owner is known to that person, he or she has within that time restored the same to such owner. > > > (1A)  *\[Section 43 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 \]*A person who contravenes [subsection (1)](#GS43@Gs1@EN) is guilty of an offence and is liable on summary conviction to a penalty not exceeding one penalty unit. > > > (2)  *\[Section 43 Subsection (2) amended by No. 32 of 1963, s. 21 \]**\[Section 43 Subsection (2) amended by No. 55 of 1965, s. 5 \]**\[Section 43 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 \]*A person shall not apply to his own use or dispose of, otherwise than in pursuance of [subsection (1)](#GS43@Gs1@EN) , any money, goods, or chattels found by him. > > > (2A)  *\[Section 43 Subsection (2A) inserted by No. 13 of 1987, s. 5 and Sched. 1 \]*A person who contravenes [subsection (2)](#GS43@Gs2@EN) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 2 penalty units. > > > (3)  *\[Section 43 Subsection (3) amended by No. 32 of 1963, s. 21 \]**\[Section 43 Subsection (3) amended by No. 55 of 1965, s. 5 \]**\[Section 43 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 \]*The court may order any person convicted before it of an offence against [subsection (2)](#GS43@Gs2@EN) to pay to the owner of the property such sum not exceeding $1 000, as the court considers to be the value of the property, and such sum shall be recoverable as part of the penalty. > > > (4)  [*\[Section 43 Subsection (4) amended by No. 49 of 2009, s. 9, Applied:12 Nov 2009\]*](/view/html/inforce/2009-11-12/act-2009-049#GS9@Hpb@EN) [*\[Section 43 Subsection (4) amended by No. 49 of 2009, s. 9, Applied:12 Nov 2009\]*](/view/html/inforce/2009-11-12/act-2009-049#GS9@Hpa@EN) [*\[Section 43 Subsection (4) amended by No. 77 of 2003, s. 7, Applied:15 Dec 2003\]*](/view/html/inforce/2003-12-15/act-2003-077#GS7@Hpa@EN) When any such property as aforesaid is brought to a police station, the police officer in charge shall forthwith receive the same and enter in a book to be kept in the police station for that purpose a description thereof, together with the name and address of the person by whom the same was brought to the station. The property so entered shall be delivered to the person who proves to the satisfaction of a justice, a police officer of or above the rank of inspector or the police officer in charge of the station that the same belongs to him, such person previously paying all such reasonable expenses, if any, incurred by the finder or in respect of any advertisement or otherwise, as such justice may award. > > > (5)  *\[Section 43 Subsection (5) omitted by No. 19 of 1961, s. 5 \]*.  .  .  .  .  .  .  .   > > > (6)  [*\[Section 43 Subsection (6) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja86@GC3@Hpa@EN) [*\[Section 43 Subsection (6) amended by No. 49 of 2009, s. 9, Applied:12 Nov 2009\]*](/view/html/inforce/2009-11-12/act-2009-049#GS9@Hpf@EN) [*\[Section 43 Subsection (6) amended by No. 49 of 2009, s. 9, Applied:12 Nov 2009\]*](/view/html/inforce/2009-11-12/act-2009-049#GS9@Hpe@EN) [*\[Section 43 Subsection (6) amended by No. 49 of 2009, s. 9, Applied:12 Nov 2009\]*](/view/html/inforce/2009-11-12/act-2009-049#GS9@Hpd@EN) [*\[Section 43 Subsection (6) amended by No. 49 of 2009, s. 9, Applied:12 Nov 2009\]*](/view/html/inforce/2009-11-12/act-2009-049#GS9@Hpc@EN) [*\[Section 43 Subsection (6) amended by No. 77 of 2003, s. 7, Applied:15 Dec 2003\]*](/view/html/inforce/2003-12-15/act-2003-077#GS7@Hpb@EN) *\[Section 43 Subsection (6) amended by No. 19 of 1961, s. 5 \]*Any such property as aforesaid to which no claim has been established within 3 months after the same has been brought to a police station shall be returned to the person by whom it was so brought, if he applies for the same within one month after the expiration of such 3 months and satisfies a justice, a police officer of or above the rank of inspector or the police officer in charge of the station that he did not come by it by any means that were not lawful; and in default the same shall be sold or disposed of as a justice may direct, and, if sold, the proceeds of the sale shall be paid into the Public Account. > > > (6A)  *\[Section 43 Subsection (6A) inserted by No. 19 of 1961, s. 5 \]*Notwithstanding anything in this section, where any property is brought to a police station under this section and by reason of its perishable nature it is likely to become offensive, prejudicial, dangerous to health, or valueless it may be destroyed or disposed of in such manner as a justice may direct. > > > (7)  [*\[Section 43 Subsection (7) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja86@GC3@Hpb@EN) [*\[Section 43 Subsection (7) amended by No. 49 of 2009, s. 9, Applied:12 Nov 2009\]*](/view/html/inforce/2009-11-12/act-2009-049#GS9@Hph@EN) [*\[Section 43 Subsection (7) amended by No. 49 of 2009, s. 9, Applied:12 Nov 2009\]*](/view/html/inforce/2009-11-12/act-2009-049#GS9@Hpg@EN) [*\[Section 43 Subsection (7) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja56@GC2@Hpa@EN) *\[Section 43 Subsection (7) added by No. 58 of 1957, s. 3 \]**\[Section 43 Subsection (7) amended by No. 19 of 1961, s. 5 \]**\[Section 43 Subsection (7) amended by No. 87 of 1981, s. 7 \]*Nothing in [subsection (6)](#GS43@Gs6@EN) applies to property that is found by a police officer and all property so found shall, at the expiration of the 3 months referred to in that subsection, be sold or disposed of as a justice may direct, and, if sold, the proceeds of the sale shall be paid into the Public Account. > > > (8)  *\[Section 43 Subsection (8) added by No. 87 of 1981, s. 7 \]*[*\[Section 43 Subsection (8) omitted by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja56@GC2@Hpb@EN) .  .  .  .  .  .  .  .