NSWIn ForceAct
Public Spaces (Unattended Property) Act 2021
32Property taken possession of may be sold or otherwise disposed of if not claimed
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#### 32 Property taken possession of may be sold or otherwise disposed of if not claimed
32 Property taken possession of may be sold or otherwise disposed of if not claimed
> > (1) An authority must arrange for property taken possession of by an authorised officer appointed by the authority to be disposed of if the property is not returned before the deadline for return.
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> > (2) Property may be disposed of as follows—
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> > > (a) by selling the property,
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> > > (b) if the property is offered for sale and does not sell—by giving the property away free of charge,
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> > > (c) if the property does not sell and the authority is unable to give the property away within the relevant period after the deadline for return—by making appropriate arrangements for recycling, rehoming, destroying or otherwise disposing of the property.
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> > (3) Despite subsection (2)(a), an authority is not required to offer the property for sale if, in the authority’s opinion, the value of the property is less than the cost of offering the property for sale.
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> > (4) An animal may be destroyed under this section only if, despite all reasonable efforts made by the authority, the animal is unable to be sold, given away or rehomed.
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> > (5) This section does not apply to property destroyed or otherwise disposed of under section 31 or another provision of this Act.
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> > (6) The regulations may provide for additional matters relating to the sale or disposal of property taken into possession under this Act, including how the proceeds of the sale of property are to be dealt with.
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> > (7) In this section—
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> > deadline for return, of property taken into possession, means—
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> > > (a) for an animal—
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> > > > (i) 7 days from the day on which notice was given to the owner of the animal under section 29, or
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> > > > (ii) if reasonable steps taken by the authority have failed to identify the name and address of the owner—7 days from the day on which the steps were completed, or
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> > > (b) otherwise—
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> > > > (i) 28 days from the day on which notice was given to the owner of the item under section 29, or
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> > > > (ii) if reasonable steps have failed to the find the name and address of the owner—28 days from the later of the day on which
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> > > > > (A) the steps were completed, or
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> > > > > (B) the property was taken into possession.
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> > relevant period means—
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> > > (a) the period prescribed by the regulations, or
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> > > (b) if no period is prescribed by the regulations—14 days.