NSWIn ForceAct
Public Spaces (Unattended Property) Act 2021
52General right to recover amount
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#### 52 General right to recover amount
52 General right to recover amount
> > (1) An authority may recover as a debt from the person responsible for property an amount payable under section 55 for property taken possession of by an authorised officer appointed by the authority.
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> > (2) The Commissioner of Police may recover as a debt from the person responsible for property taken possession of by a police officer the amount payable under section 55 in relation to the property.
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> > (3) The person responsible for property is taken for this section to be the owner of the property unless the owner, within 21 days after being required to do so by the authority—
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> > > (a) gives the authority, in the approved form, the name and address of the adult who was in control or had supervision of the property immediately before it was left unattended, or
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> > > (b) satisfies the authority the owner did not know and could not with reasonable diligence ascertain the name and address.
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> > (4) If the owner supplies the name and address of the person who was in control or had supervision of the property immediately before it was left unattended, the person named is the person responsible for the property for the purposes of this section.
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> > (5) Amounts recoverable under this section in relation to property may be recovered only if they have not already been paid or deducted from the proceeds of sale of the property.
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> > (6) An authority must pay an amount recovered by the authority under this section for loss or damage attributable to an animal being on private land without the permission of the occupier of the land to the person who suffered the loss or damage.
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> > (7) For subsection (6), an authority is entitled to treat the owner of the land as the person who suffered the loss or damage unless satisfied the loss or damage was suffered by another person.
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> > (8) A person who gives the authority a statutory declaration containing the particulars required by the approved form is taken to have given the particulars in the approved form.