Australian Capital Territory Numbered Regulations

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FINANCE REGULATIONS (NO. 8 OF 1989) - REG 82

82. (1) Subject to subregulation (2), where property (other than moneys) found on premises, or in an aircraft, vessel, vehicle, container or receptacle, under the control of an administrative unit, is not claimed by the owner of the property within a period of 3 months from the date on which the property is found, the Territory may dispose of that property.

(2) The Territory may, at any time, dispose of unclaimed—

        (a)     animals;

        (b)     perishable goods; or

        (c)     articles that are, or could be, dangerous or noxious;

found on premises or in an aircraft, vessel, vehicle, container or receptacle, under the control of an administrative unit.

(3) Except where it is impracticable, or undesirable in the public interest, to do so, the Territory shall—

        (a)     dispose of any unclaimed property by sale; and

        (b)     pay the proceeds of the sale into the Consolidated Fund.

(4) Where—

        (a)     the Territory has disposed of any unclaimed property by sale; and

        (b)     the person who, immediately before the sale, was the owner of the property makes a claim on the Territory in respect of the property;

the Territory shall pay to that person an amount equal to the amount for which the property was sold less the amount (if any) necessarily expended by the Territory in respect of the storage, maintenance or disposal of the property.

(5) Upon the sale of any unclaimed property by the Territory, any right in respect of the property vested in a person immediately before the sale shall cease to exist.

Prescribed amount for the purposes of paragraph 51 (1) (b)



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