sec.259Disposing of property

sec.259 Disposing of property

The responsible officer may dispose of property the responsible officer considers, on reasonable grounds, to have been abandoned on a busway, busway transport infrastructure or light rail if— the moving expenses are not paid within 2 months after a written notice is given under section 256 ; or if the responsible officer decides not to give a written notice under section 256 —at least 2 months have passed since the decision. The responsible officer may dispose of the property— by selling the property; or if the proceeds of sale are not likely to cover the reasonable expenses that would be incurred by the responsible officer in selling the property—in the way the responsible officer considers appropriate. If the property is sold, the sale proceeds must be used to make payments in the following order— the expenses (the sale expenses ) reasonably incurred by the responsible officer in selling the property; the moving expenses; any balance to the owner. If the sale proceeds are less than the sale expenses and moving expenses, the difference between the proceeds and expenses— is a debt payable to the responsible officer by the person who is liable for the moving expenses; and may be recovered as a debt by action against the person. If the property is not sold, the moving expenses and the expenses reasonably incurred by the responsible officer in disposing of the property— are a debt payable to the responsible officer by the person who is liable for the moving expenses; and may be recovered as a debt by action against the person. The responsible officer may waive part or all of the expenses mentioned in this section. (sec.259-ssec.1) The responsible officer may dispose of property the responsible officer considers, on reasonable grounds, to have been abandoned on a busway, busway transport infrastructure or light rail if— the moving expenses are not paid within 2 months after a written notice is given under section 256 ; or if the responsible officer decides not to give a written notice under section 256 —at least 2 months have passed since the decision. (sec.259-ssec.2) The responsible officer may dispose of the property— by selling the property; or if the proceeds of sale are not likely to cover the reasonable expenses that would be incurred by the responsible officer in selling the property—in the way the responsible officer considers appropriate. (sec.259-ssec.3) If the property is sold, the sale proceeds must be used to make payments in the following order— the expenses (the sale expenses ) reasonably incurred by the responsible officer in selling the property; the moving expenses; any balance to the owner. (sec.259-ssec.4) If the sale proceeds are less than the sale expenses and moving expenses, the difference between the proceeds and expenses— is a debt payable to the responsible officer by the person who is liable for the moving expenses; and may be recovered as a debt by action against the person. (sec.259-ssec.5) If the property is not sold, the moving expenses and the expenses reasonably incurred by the responsible officer in disposing of the property— are a debt payable to the responsible officer by the person who is liable for the moving expenses; and may be recovered as a debt by action against the person. (sec.259-ssec.6) The responsible officer may waive part or all of the expenses mentioned in this section.