sec.28Disposal of certain abandoned property

### sec.28 Disposal of certain abandoned property This section applies if any property, other than a work of art to which section 26 applies— is found on any building or other place consisting of the art gallery or a branch of the art gallery; and there are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and the property is unclaimed after 4 months. The board may sell the property by public auction. If the board sells the property, the proceeds of sale must be applied in the following order— in payment of the reasonable expenses incurred in storing and selling the property; if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance to be used by the board in performing its functions. Despite subsection (2) , if the board considers on reasonable grounds that, because of the property’s value, it is not viable to sell it, the board may dispose of the property in another way. Despite subsection (2) , if the board considers on reasonable grounds that the property is in a dangerous condition or unfit for use for the purpose for which it was intended to be used, the board may cause it to be destroyed. s 28 amd 1995 No. 58 s 4 sch 1 sub 1997 No. 79 s 32 amd 2010 No. 44 s 203 (sec.28-ssec.1) This section applies if any property, other than a work of art to which section 26 applies— is found on any building or other place consisting of the art gallery or a branch of the art gallery; and there are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and the property is unclaimed after 4 months. (sec.28-ssec.2) The board may sell the property by public auction. (sec.28-ssec.2A) If the board sells the property, the proceeds of sale must be applied in the following order— in payment of the reasonable expenses incurred in storing and selling the property; if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance to be used by the board in performing its functions. (sec.28-ssec.3) Despite subsection (2) , if the board considers on reasonable grounds that, because of the property’s value, it is not viable to sell it, the board may dispose of the property in another way. (sec.28-ssec.4) Despite subsection (2) , if the board considers on reasonable grounds that the property is in a dangerous condition or unfit for use for the purpose for which it was intended to be used, the board may cause it to be destroyed. - (a) is found on any building or other place consisting of the art gallery or a branch of the art gallery; and - (b) there are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and - (c) the property is unclaimed after 4 months. - (a) in payment of the reasonable expenses incurred in storing and selling the property; - (b) if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; - (c) the balance to be used by the board in performing its functions.