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Residential Tenancies and Rooming Accommodation Act 2008
sec.393Item other than personal document or money
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### sec.393 Item other than personal document or money
This section applies if the lost property is not a personal document or money.
The provider may sell the property, or dispose of it in another way, if the provider reasonably believes—
it is perishable; or
its market value is less than the amount prescribed under a regulation for this subsection; or
storage of the goods would be unhealthy or unsafe.
Otherwise, the provider must—
make reasonable efforts to contact the former resident about the property; and
store the property safely for at least 28 days, unless it is reclaimed within that time.
Without limiting subsection (3) (a) , reasonable efforts to contact the former resident include the following—
attempting to contact the former resident by telephone, including text message, email or private message on a social media platform;
attempting to contact an emergency contact listed in the rooming accommodation agreement;
publishing a notice in an online newspaper for the city or State in which the former resident is or was residing.
If, at the end of 28 days, the property has not been reclaimed, the provider must—
continue to store the property for the former resident; or
sell or dispose of the property.
However, if the provider reasonably believes the market value of the property is less than the amount prescribed under a regulation for this subsection, the provider may donate the property to charity instead of selling it under subsection (5) (b) .
If the person entitled to the property claims it before it is disposed of under this section, and pays the reasonable costs incurred by the provider under this section, the provider must give the property to the person.
If the provider sells the property under this section, the proceeds must be applied—
in payment of the reasonable costs incurred by the provider under this section; and
in payment of any outstanding amount owed by the former resident under the rooming accommodation agreement; and
in payment of any balance—
if the person entitled to the property has been located by the time of the sale—to the person; or
otherwise—to the public trustee.
s 393 amd 2024 No. 27 s 44
(sec.393-ssec.1) This section applies if the lost property is not a personal document or money.
(sec.393-ssec.2) The provider may sell the property, or dispose of it in another way, if the provider reasonably believes— it is perishable; or its market value is less than the amount prescribed under a regulation for this subsection; or storage of the goods would be unhealthy or unsafe.
(sec.393-ssec.3) Otherwise, the provider must— make reasonable efforts to contact the former resident about the property; and store the property safely for at least 28 days, unless it is reclaimed within that time.
(sec.393-ssec.4) Without limiting subsection (3) (a) , reasonable efforts to contact the former resident include the following— attempting to contact the former resident by telephone, including text message, email or private message on a social media platform; attempting to contact an emergency contact listed in the rooming accommodation agreement; publishing a notice in an online newspaper for the city or State in which the former resident is or was residing.
(sec.393-ssec.5) If, at the end of 28 days, the property has not been reclaimed, the provider must— continue to store the property for the former resident; or sell or dispose of the property.
(sec.393-ssec.6) However, if the provider reasonably believes the market value of the property is less than the amount prescribed under a regulation for this subsection, the provider may donate the property to charity instead of selling it under subsection (5) (b) .
(sec.393-ssec.7) If the person entitled to the property claims it before it is disposed of under this section, and pays the reasonable costs incurred by the provider under this section, the provider must give the property to the person.
(sec.393-ssec.8) If the provider sells the property under this section, the proceeds must be applied— in payment of the reasonable costs incurred by the provider under this section; and in payment of any outstanding amount owed by the former resident under the rooming accommodation agreement; and in payment of any balance— if the person entitled to the property has been located by the time of the sale—to the person; or otherwise—to the public trustee.
- (a) it is perishable; or
- (b) its market value is less than the amount prescribed under a regulation for this subsection; or
- (c) storage of the goods would be unhealthy or unsafe.
- (a) make reasonable efforts to contact the former resident about the property; and
- (b) store the property safely for at least 28 days, unless it is reclaimed within that time.
- (a) attempting to contact the former resident by telephone, including text message, email or private message on a social media platform;
- (b) attempting to contact an emergency contact listed in the rooming accommodation agreement;
- (c) publishing a notice in an online newspaper for the city or State in which the former resident is or was residing.
- (a) continue to store the property for the former resident; or
- (b) sell or dispose of the property.
- (a) in payment of the reasonable costs incurred by the provider under this section; and
- (b) in payment of any outstanding amount owed by the former resident under the rooming accommodation agreement; and
- (c) in payment of any balance— (i) if the person entitled to the property has been located by the time of the sale—to the person; or (ii) otherwise—to the public trustee.
- (i) if the person entitled to the property has been located by the time of the sale—to the person; or
- (ii) otherwise—to the public trustee.
- (i) if the person entitled to the property has been located by the time of the sale—to the person; or
- (ii) otherwise—to the public trustee.