QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.51JNotice to owner
Start here
Get a plain-English read of sec.51J
Turn the raw legal text into a practical explanation grounded in Transport Operations (Road Use Management) Act 1995.
### sec.51J Notice to owner
As soon as practicable, but within 14 days after removing a removed thing from a road, the chief executive must give the owner of the removed thing a written notice—
stating that the removed thing has been removed; and
explaining how it may be recovered; and
stating that it may be sold if it is not recovered.
If the owner can not be identified or located within the 14 days, the notice may be given by publishing it in a newspaper circulating generally in the State.
The chief executive need not give the notice required by this section for a vehicle if—
the chief executive reasonably believes the vehicle is abandoned; and
either—
the proceeds of the vehicle’s sale are not likely to cover—
the moving expenses for the vehicle; and
the expenses incurred by the chief executive in selling the vehicle; or
it is otherwise impracticable to give the notice.
The chief executive need not give the notice required by this section for a removed thing other than a vehicle if—
the chief executive reasonably believes the removed thing is abandoned; or
the proceeds of the removed thing’s sale are not likely to cover—
the moving expenses for the removed thing; and
the expenses incurred by the chief executive in selling the removed thing; or
it is otherwise impracticable to give the notice.
In this section—
removed thing other than a vehicle , for subsection (4) , includes anything, including the load of a vehicle, that has become separated from the vehicle during the exercise of powers under this part.
vehicle , for subsection (3) , includes the vehicle’s load to the extent it has remained with the vehicle during the exercise of powers under this part.
s 51J ins 2007 No. 43 s 55
amd 2008 No. 67 ss 190 (1) , (3) , 193
(sec.51J-ssec.1) As soon as practicable, but within 14 days after removing a removed thing from a road, the chief executive must give the owner of the removed thing a written notice— stating that the removed thing has been removed; and explaining how it may be recovered; and stating that it may be sold if it is not recovered.
(sec.51J-ssec.2) If the owner can not be identified or located within the 14 days, the notice may be given by publishing it in a newspaper circulating generally in the State.
(sec.51J-ssec.3) The chief executive need not give the notice required by this section for a vehicle if— the chief executive reasonably believes the vehicle is abandoned; and either— the proceeds of the vehicle’s sale are not likely to cover— the moving expenses for the vehicle; and the expenses incurred by the chief executive in selling the vehicle; or it is otherwise impracticable to give the notice.
(sec.51J-ssec.4) The chief executive need not give the notice required by this section for a removed thing other than a vehicle if— the chief executive reasonably believes the removed thing is abandoned; or the proceeds of the removed thing’s sale are not likely to cover— the moving expenses for the removed thing; and the expenses incurred by the chief executive in selling the removed thing; or it is otherwise impracticable to give the notice.
(sec.51J-ssec.5) In this section— removed thing other than a vehicle , for subsection (4) , includes anything, including the load of a vehicle, that has become separated from the vehicle during the exercise of powers under this part. vehicle , for subsection (3) , includes the vehicle’s load to the extent it has remained with the vehicle during the exercise of powers under this part.
- (a) stating that the removed thing has been removed; and
- (b) explaining how it may be recovered; and
- (c) stating that it may be sold if it is not recovered.
- (a) the chief executive reasonably believes the vehicle is abandoned; and
- (b) either— (i) the proceeds of the vehicle’s sale are not likely to cover— (A) the moving expenses for the vehicle; and (B) the expenses incurred by the chief executive in selling the vehicle; or (ii) it is otherwise impracticable to give the notice.
- (i) the proceeds of the vehicle’s sale are not likely to cover— (A) the moving expenses for the vehicle; and (B) the expenses incurred by the chief executive in selling the vehicle; or
- (A) the moving expenses for the vehicle; and
- (B) the expenses incurred by the chief executive in selling the vehicle; or
- (ii) it is otherwise impracticable to give the notice.
- (i) the proceeds of the vehicle’s sale are not likely to cover— (A) the moving expenses for the vehicle; and (B) the expenses incurred by the chief executive in selling the vehicle; or
- (A) the moving expenses for the vehicle; and
- (B) the expenses incurred by the chief executive in selling the vehicle; or
- (ii) it is otherwise impracticable to give the notice.
- (A) the moving expenses for the vehicle; and
- (B) the expenses incurred by the chief executive in selling the vehicle; or
- (a) the chief executive reasonably believes the removed thing is abandoned; or
- (b) the proceeds of the removed thing’s sale are not likely to cover— (i) the moving expenses for the removed thing; and (ii) the expenses incurred by the chief executive in selling the removed thing; or
- (i) the moving expenses for the removed thing; and
- (ii) the expenses incurred by the chief executive in selling the removed thing; or
- (c) it is otherwise impracticable to give the notice.
- (i) the moving expenses for the removed thing; and
- (ii) the expenses incurred by the chief executive in selling the removed thing; or