NSWIn ForceAct
Public Spaces (Unattended Property) Act 2021
31Items worth less than certain amount may be destroyed
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#### 31 Items worth less than certain amount may be destroyed
31 Items worth less than certain amount may be destroyed
> > (1) If an authorised officer takes possession of an item, the officer may arrange for the item to be destroyed or otherwise disposed of as soon as the officer takes possession of the item if the officer reasonably believes the value of the item is less than—
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> > > (a) the amount prescribed by the regulations, or
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> > > (b) if an amount is not prescribed by the regulations—
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> > > > (i) for a class 1 item or class 2 item—$200, or
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> > > > (ii) for a class 3 item—$1,500.
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> > (2) However, an authorised officer must not arrange for an item to be destroyed or otherwise disposed of until the authorised officer has taken all reasonable steps to—
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> > > (a) identify the item’s owner, and
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> > > (b) if the owner is identified notify the owner under subsection (3) that—
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> > > > (i) the item is in the possession of the authority, and
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> > > > (ii) the period stated in the notice has ended without an application being made for the item to be released.
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> > (3) The notice to the owner must—
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> > > (a) be in writing, and
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> > > (b) state the item is in the authority’s possession, and
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> > > (c) state that the item may be destroyed if—
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> > > > (i) its value is less than the amount referred to in subsection (1), and
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> > > > (ii) the owner does not apply for the return of the item within the period, ending not less than 3 days after the notice is given, stated in the notice.
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> > (4) The destruction or other disposal of an item under this section is to be carried out as directed by the authority.