sec.44Moving contravening property

sec.44 Moving contravening property

This section applies if— an authorised officer reasonably believes a ship, vehicle or goods in a State managed boat harbour are contravening property; and the authorised officer reasonably believes it is necessary to move the contravening property having regard to— the efficient operation of the boat harbour; or the safety and security of the boat harbour, users of the boat harbour or employees of the department. The authorised officer must take reasonable steps to locate the person in charge of the contravening property. Subsection (4) applies if, after taking reasonable steps under subsection (2) , the authorised officer— can not locate the person in charge of the contravening property; or reasonably believes the person in charge of the contravening property is not able or willing to move the contravening property. The authorised officer may take steps necessary and reasonable to have the contravening property moved. If the contravening property is property in the form of goods that are of insufficient value or perishable, the goods may be dealt with under division 2 as if they were abandoned property. As soon as practicable after moving the contravening property, the authorised officer must give the person in charge of the contravening property a written notice that— states the contravening property has been moved; and explains how the contravening property may be recovered; and states the contravening property may be considered to be abandoned property and sold or disposed of by the chief executive if the contravening property is not recovered. If the authorised officer was unable to locate the person in charge of the contravening property, the written notice may be given by displaying the notice in a prominent position at or near the location from which the contravening property was moved. The expenses reasonably incurred by the authorised officer in dealing with the contravening property under this section are a debt payable by the person in charge of the contravening property to the State. (sec.44-ssec.1) This section applies if— an authorised officer reasonably believes a ship, vehicle or goods in a State managed boat harbour are contravening property; and the authorised officer reasonably believes it is necessary to move the contravening property having regard to— the efficient operation of the boat harbour; or the safety and security of the boat harbour, users of the boat harbour or employees of the department. (sec.44-ssec.2) The authorised officer must take reasonable steps to locate the person in charge of the contravening property. (sec.44-ssec.3) Subsection (4) applies if, after taking reasonable steps under subsection (2) , the authorised officer— can not locate the person in charge of the contravening property; or reasonably believes the person in charge of the contravening property is not able or willing to move the contravening property. (sec.44-ssec.4) The authorised officer may take steps necessary and reasonable to have the contravening property moved. (sec.44-ssec.5) If the contravening property is property in the form of goods that are of insufficient value or perishable, the goods may be dealt with under division 2 as if they were abandoned property. (sec.44-ssec.6) As soon as practicable after moving the contravening property, the authorised officer must give the person in charge of the contravening property a written notice that— states the contravening property has been moved; and explains how the contravening property may be recovered; and states the contravening property may be considered to be abandoned property and sold or disposed of by the chief executive if the contravening property is not recovered. (sec.44-ssec.7) If the authorised officer was unable to locate the person in charge of the contravening property, the written notice may be given by displaying the notice in a prominent position at or near the location from which the contravening property was moved. (sec.44-ssec.8) The expenses reasonably incurred by the authorised officer in dealing with the contravening property under this section are a debt payable by the person in charge of the contravening property to the State.