Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) This section applies to uncollected goods mentioned in section 50.
(2) The operator of a retirement village commits an offence if, at the end of the 30-day period mentioned in section 50 (3), the operator fails to deal with the uncollected goods in accordance with this section.
Maximum penalty: 20 penalty units.
(3) An offence against subsection (2) is a strict liability offence.
(4) The operator must send any uncollected personal documents of a former occupant of the village to—
(a) the former occupant's forwarding address; or
(b) the address of the executor or administrator of the former occupant's estate.
(5) If the operator does not have an address mentioned in subsection (4), the operator must—
(a) if possible, return the personal documents to their place of origin; and
Examples
• return financial statements to the issuing financial institution
• return a licence to the issuing authority
• return a passport to the Commonwealth Government
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(b) keep the other personal documents in a secure place for at least 6 months, and then dispose of them as the operator sees fit, taking reasonable steps to ensure the privacy of the former occupant or any other person.
(6) If the operator believes on reasonable grounds that an individual item of uncollected goods (other than a personal document) is worth less than $100, the operator may give the item to a charitable organisation or otherwise dispose of it.
(7) The operator must sell by public auction any item of uncollected goods (other than a personal document) that the operator believes on reasonable grounds is worth $100 or more.
(8) In this section:
"personal documents", of a former occupant, means certificates, financial records and statements, licences, medical records, passports, personal correspondence, photographs and any other document the former occupant (or a member of the former occupant's family) would reasonably be expected to want to keep.