sec.19Disposal of specimens accepted by the board

### sec.19 Disposal of specimens accepted by the board This section applies if— a specimen of flora or fauna or a thing that is not flora or fauna (the specimen ) is accepted by the board for identification, investigation or another purpose; and the specimen is not collected by the person who gave it within 1 month after acceptance or, if the board has agreed to hold the specimen for a certain period, 1 month after the period ends. Subject to any arrangement about the specimen between the board and the person, the board may— sell the specimen by public auction; or exchange the specimen for another specimen; or if the board considers on reasonable grounds that, because of the specimen’s value, it is not viable to sell or exchange it—dispose of the specimen in another way. However, if the board intends to sell, exchange or otherwise dispose of the specimen, it must give the person at least a month’s written notice of its intention. If the person’s address is not known to the board, the notice may be given to the person by publishing it in a daily newspaper circulating generally in the State. Subsections (3) and (4) do not apply if the specimen is perishable and is disposed of under subsection (2) (c) . A notice under subsection (4) may form part of a notice under section 22 . If the board sells the specimen, the proceeds of sale must be applied in the following order— in payment of the reasonable expenses incurred in storing and selling the specimen; if there is an amount owing to an entity under a security interest registered for the specimen under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance— must be held by the board for the person for at least 1 year after the sale; and if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions. s 19 ins 1997 No. 79 s 45 amd 2010 No. 44 s 206 (sec.19-ssec.1) This section applies if— a specimen of flora or fauna or a thing that is not flora or fauna (the specimen ) is accepted by the board for identification, investigation or another purpose; and the specimen is not collected by the person who gave it within 1 month after acceptance or, if the board has agreed to hold the specimen for a certain period, 1 month after the period ends. (sec.19-ssec.2) Subject to any arrangement about the specimen between the board and the person, the board may— sell the specimen by public auction; or exchange the specimen for another specimen; or if the board considers on reasonable grounds that, because of the specimen’s value, it is not viable to sell or exchange it—dispose of the specimen in another way. (sec.19-ssec.3) However, if the board intends to sell, exchange or otherwise dispose of the specimen, it must give the person at least a month’s written notice of its intention. (sec.19-ssec.4) If the person’s address is not known to the board, the notice may be given to the person by publishing it in a daily newspaper circulating generally in the State. (sec.19-ssec.5) Subsections (3) and (4) do not apply if the specimen is perishable and is disposed of under subsection (2) (c) . (sec.19-ssec.6) A notice under subsection (4) may form part of a notice under section 22 . (sec.19-ssec.7) If the board sells the specimen, the proceeds of sale must be applied in the following order— in payment of the reasonable expenses incurred in storing and selling the specimen; if there is an amount owing to an entity under a security interest registered for the specimen under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance— must be held by the board for the person for at least 1 year after the sale; and if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions. - (a) a specimen of flora or fauna or a thing that is not flora or fauna (the specimen ) is accepted by the board for identification, investigation or another purpose; and - (b) the specimen is not collected by the person who gave it within 1 month after acceptance or, if the board has agreed to hold the specimen for a certain period, 1 month after the period ends. - (a) sell the specimen by public auction; or - (b) exchange the specimen for another specimen; or - (c) if the board considers on reasonable grounds that, because of the specimen’s value, it is not viable to sell or exchange it—dispose of the specimen in another way. - (a) in payment of the reasonable expenses incurred in storing and selling the specimen; - (b) if there is an amount owing to an entity under a security interest registered for the specimen under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; - (c) the balance— (i) must be held by the board for the person for at least 1 year after the sale; and (ii) if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions. - (i) must be held by the board for the person for at least 1 year after the sale; and - (ii) if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions. - (i) must be held by the board for the person for at least 1 year after the sale; and - (ii) if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the board in performing its functions.