Tasmanian Consolidated Acts
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POLICE OFFENCES ACT 1935 - SECT 43
Finding property
(1) A person finding and taking possession of any money, goods, or
chattels shall not fail to convey and deliver the same to a neighbouring
police station within 7 days after such taking of possession, unless, if the
owner is known to that person, he or she has within that time restored the
same to such owner.
(1A) A person who contravenes subsection (1) is guilty of an offence and
is liable on summary conviction to a penalty not exceeding one penalty unit.
(2) A person shall not apply to his own use or dispose of, otherwise
than in pursuance of subsection (1) , any money, goods, or chattels found by
him.
(2A) A person who contravenes subsection (2) is guilty of an offence and
is liable on summary conviction to a penalty not exceeding 2 penalty units.
(3) The court may order any person convicted before it of an offence
against subsection (2) to pay to the owner of the property such sum not
exceeding $1 000, as the court considers to be the value of the property, and
such sum shall be recoverable as part of the penalty.
(4) When any such property as aforesaid is brought to a police station,
the police officer in charge shall forthwith receive the same and enter in a
book to be kept in the police station for that purpose a description thereof,
together with the name and address of the person by whom the same was brought
to the station. The property so entered shall be delivered to the person who
proves to the satisfaction of a justice, a police officer of or above the rank
of inspector or the police officer in charge of the station that the same
belongs to him, such person previously paying all such reasonable expenses, if
any, incurred by the finder or in respect of any advertisement or otherwise,
as such justice may award.
(5)
. . . . . . . .
(6) Any such property as aforesaid to which no claim has been
established within 3 months after the same has been brought to a police
station shall be returned to the person by whom it was so brought, if he
applies for the same within one month after the expiration of such 3 months
and satisfies a justice, a police officer of or above the rank of inspector or
the police officer in charge of the station that he did not come by it by any
means that were not lawful; and in default the same shall be sold or disposed
of as a justice may direct, and, if sold, the proceeds of the sale shall be
paid into the Public Account.
(6A) Notwithstanding anything in this section, where any property is
brought to a police station under this section and by reason of its perishable
nature it is likely to become offensive, prejudicial, dangerous to health, or
valueless it may be destroyed or disposed of in such manner as a justice may
direct.
(7) Nothing in subsection (6) applies to property that is found by a
police officer and all property so found shall, at the expiration of the 3
months referred to in that subsection, be sold or disposed of as a justice may
direct, and, if sold, the proceeds of the sale shall be paid into the Public
Account.
(8)
. . . . . . . .
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