88TDisposal of thing

88T Disposal of thing S. 88T(1) amended by Nos 10/2016 ss 143(1), 179(Sch. 1 item 7.33), 55/2017 s. 47(1), substituted by No. 25/2025 s. 34(1). (1) A port manager may dispose of a thing by gift, sale or destruction of the thing or by otherwise dealing with the thing if the port manager— (a) has determined that the thing is an abandoned thing in accordance with section 88PA(1) or has moved the thing under section 88Q(2); and (b) is unable to establish both the identity and location of the owner of the thing after reasonable enquiries. S. 88T(2) amended by Nos 10/2016 ss 143(1), 179(Sch. 1 item 7.33), 55/2017 s. 47(2)(a). (2) A port manager must not dispose of a thing under subsection (1) unless— S. 88T(2)(a) amended by Nos 10/2016 s. 143(1), 55/2017 s. 47(2)(b). (a) the port manager has given notice about the disposal of the thing in a newspaper circulating generally in Victoria and on its website; and (b) 28 days have expired since the giving of the notice. (3) The requirements of subsection (2) do not apply to the disposal of a thing that is perishable. S. 88T(4) amended by Nos 10/2016 ss 143(2), 179(Sch. 1 item 7.33), 55/2017 s. 47(3), substituted by No. 25/2025 s. 34(2). (4) If a port manager establishes both the identity and location of the owner of a thing that the port manager has determined is an abandoned thing in accordance with section 88PA(1) or that has been moved under section 88Q(2), the port manager must give the owner notice in writing that the port manager intends to dispose of the thing. S. 88T(5) amended by Nos 10/2016 ss 143(3), 179(Sch. 1 item 7.33), 55/2017 s. 47(4). (5) If a port manager gives notice in writing under subsection (4) to the owner and the owner of the thing does not recover the thing from the port manager within 28 days the port manager may dispose of the thing after the 28 days have expired, either by gift, sale or destruction of the thing or by otherwise dealing with the thing. S. 88T(5A) inserted by No. 25/2025 s. 34(3). (5A) A person to whom a port manager gives or sells a thing under subsection (1) or (5) obtains good title to that thing. S. 88T(6) substituted by No. 25/2025 s. 34(4). (6) Despite subsections (4) and (5), if the thing is a perishable item, the port manager is not required to give notice to the owner of the thing before disposing of the thing. S. 88U inserted by No. 93/2009 s. 12.