43Disposal of property

43 Disposal of property (a) the public trustee and guardian is satisfied that a person is the owner of or beneficially entitled to property of which the public trustee and guardian is manager under this part; and (b) the whereabouts of the person are known to the public trustee and guardian; the public trustee and guardian shall transfer the property to the person or, where for any reason the public trustee and guardian considers that it is not reasonably practicable to transfer the property to the person, the public trustee and guardian shall give to the person a notice— (c) describing the property; and (d) specifying the location of the property; and (e) informing the person that the public trustee and guardian is acting as manager of the property; and (f) requesting that the person, within such period as is specified in the notice, being a period of not less than 2 months after the date of the notice, take delivery of, or make arrangements, satisfactory to the public trustee and guardian, for taking delivery of, the property; and (g) informing the person of the action that may be taken by the public trustee and guardian under this section in connection with the property in the event of the request referred to in paragraph (f) not being complied with.

(a) a notice relating to property is given to a person under subsection (1); and (b) the person— (i) does not comply with the request contained in the notice; or (ii) having complied with the request by making arrangements for taking delivery of the property—does not give effect to those arrangements; the public trustee and guardian shall give to the person a further notice— (c) requiring the person, within such period as is specified in the notice, being a period of not less than 3 months after the date of the notice, to take delivery of, or make arrangements, satisfactory to the public trustee and guardian, for taking delivery of, the property; and (d) informing the person of the relevant action that may be taken by the public trustee and guardian in connection with the property under subsection (3) if the requirement referred to in paragraph (c) is not complied with; and (e) where appropriate, informing the person that the proceeds of sale of the property will be paid to the Territory. (3) Where— (a) a notice relating to property is given to a person under subsection (2); and (b) the person— (i) does not comply with the requirement contained in the notice; or

(ii) having complied with the requirement by making arrangements for taking delivery of the property—does not give effect to those arrangements; (c) if the property is not money— (i) where the gross value of the property exceeds $5 000— may apply to the court for an order to sell the property and the court may make an order accordingly; or (ii) where the gross value of the property does not exceed $5 000—may sell the property; or (d) if the property is money—shall, after deduction of all costs and other person in connection with the property, pay it to the (4) Where, on an application made to it by a person, the court is satisfied that— (a) the applicant or another person is the owner of or beneficially entitled to property of which the public trustee and guardian is manager under this part; and (b) the whereabouts of the applicant or that other person are known; the court shall order that the property be transferred to the applicant or that other person, as the case requires, or make such other order as it thinks fit. (5) Where— (a) the public trustee and guardian has continued to act as manager of property for a period of not less than 7 years; and (b) the owner of or person beneficially entitled to the property has not been ascertained or, if ascertained, has not been located; and