NSWIn ForceRegulation
Public Spaces (Unattended Property) Regulation 2022
16Disposal of contents of class 3 items—the Act, ss 26 and 32
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#### 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—
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> > > (a) the functions of an authorised officer in relation to an item the officer has taken into possession, and
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> > > (b) the sale or disposal of property taken into possession under the Act.
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> > (2) This section applies in relation to a class 3 item that—
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> > > (a) contains 1 or more other items (vehicle contents), and
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> > > (b) is to be disposed of under the Act, section 31 or 32.
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> > (3) The vehicle contents are taken to be unattended.
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> > (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.
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> > (5) The authority may dispose of the vehicle contents in the same way it may dispose of other items it takes possession of.
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> > (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—
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> > > (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
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> > > (b) if the authority has already taken reasonable steps to notify the registered operator that the vehicle is in the authority’s possession.
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> > > Note—
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> > > See the following provisions—
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> > > > (a) the Act, section 29(1)(b) and (2),
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> > > > (b) this Regulation, section 13(2).