16Disposal of contents of class 3 items—the Act, ss 26 and 32

16 Disposal of contents of class 3 items—the Act, ss 26 and 32

16 Disposal of contents of class 3 items—the Act, ss 26 and 32

(1) For the Act, sections 26(2) and 32(6), this section provides for additional matters relating to—

(a) the functions of an authorised officer in relation to an item the officer has taken into possession, and

(b) the sale or disposal of property taken into possession under the Act.

(2) This section applies in relation to a class 3 item that—

(a) contains 1 or more other items (vehicle contents), and

(b) is to be disposed of under the Act, section 31 or 32.

(3) The vehicle contents are taken to be unattended.

(4) An authorised officer may take possession of the vehicle contents by removing the vehicle contents from the class 3 item before the class 3 item is disposed of.

(5) The authority may dispose of the vehicle contents in the same way it may dispose of other items it takes possession of.

(6) However, the authority is not required, under the Act, section 31(2) and (3), to identify and notify the owner of the vehicle contents—

(a) if the authorised officer reasonably believes the owner of the vehicle contents is the same person as the owner of the class 3 item, and

(b) if the authority has already taken reasonable steps to notify the registered operator that the vehicle is in the authority’s possession.

Note—

See the following provisions—

(a) the Act, section 29(1)(b) and (2),

(b) this Regulation, section 13(2).