9Unattended items—the Act, s 25

#### 9 Unattended items—the Act, s 25 9 Unattended items—the Act, s 25 > > (1) For the Act, section 25(3)(b) and (c), this section prescribes— > > > > > (a) conditions that must be satisfied before authorised officers may take possession of items, and > > > > > (b) matters about giving notices in relation to taking possession of items. > > > (2) Before taking possession of a class 1 item or a class 2 item under the Act, section 25(1)(b)(i) or (ii)— > > > > > (a) the authorised officer must give written notice in accordance with this section that the authorised officer believes the item is unattended, and > > > > > (b) the notice must specify a time and date at which, if the authorised officer believes the item is unattended, the authorised officer may take possession of the item, and > > > > > (c) the specified time and date must be after the end of the minimum notice period, and > > > > > (d) the authorised officer must believe the item is unattended at the specified time and date. > > > (3) Before taking possession of an item under the Act, section 25(1)(b)(iii) or (iv)— > > > > > (a) the authorised officer must believe the item is unattended for the period specified in section 19(1), and > > > > > (b) the authorised officer must give written notice in accordance with this section that the authorised officer believes the item is unattended, and > > > > > (c) the notice must specify a time and date at which, if the authorised officer believes the item is unattended, the authorised officer may take possession of the item, and > > > > > (d) the specified time and date must be after the end of the following period after the notice is given— > > > > > > > (i) for a class 1 item—7 days, > > > > > > > (ii) for a class 2 item—4 days, > > > > > > > (iii) for a class 3 item that is— > > > > > > > > > (A) an unregistered vehicle—3 days, or > > > > > > > > > (B) a registered vehicle unable to be legally driven because of its physical condition—3 days, or > > > > > > > > > (C) for another registered vehicle—15 days, and > > > > > (e) the authorised officer must believe the item is unattended at the specified time and date. > > > (4) To avoid doubt, the notice may be given before the end of the period, specified in section 19(1), for which the authorised officer must believe the item is unattended under subsection (3)(a). > > > (5) A notice under this section must be given— > > > > > (a) to a responsible person for the item, or > > > > > (b) if the authorised officer is unable to readily identify a responsible person for the item—by attaching it to the item.