Commonwealth Numbered Regulations

1980 No. 95 DEFENCE FORCE REGULATIONS (AMENDMENT) - REG 1

The Defence Force Regulations are amended by adding at the end thereof the
following Part:

"PART IX-DISPOSAL OF UNCLAIMED PROPERTY Disposal of unclaimed property held in
the custody or control of the Commonwealth

"41. (1) Where-

   (a)  any personal property has been held in the custody or control of the
        Commonwealth in a Defence Force store or otherwise in a Defence Force
        establishment for over 6 months;

   (b)  there is no record of the ownership of that property; and

   (c)  a notice in accordance with the requirements specified in
        sub-regulation (4) has been published both in the Gazette and in a
        major metropolitan daily newspaper in the State or Territory where the
        property is located, that property may be sold or-

   (d)  if the property is incapable of being sold;

   (e)  if the expenses of the sale of the property would exceed the sale
        price; or

   (f)  if in the opinion of a person authorized by a chief of staff it would
        not be appropriate to sell the property, destroyed, by a person
        authorized by a chief of staff, after the expiration of the period of
        3 months after the publication of that notice.



"(2) Where-

   (a)  any personal property of a person who is or has been a member of the
        Defence Force has been held in the custody or control of the
        Commonwealth in a Defence Force store, or otherwise in a Defence Force
        establishment, for over 6 months;

   (b)  a reasonable effort has been made to trace the owner of that property;
        and

   (c)  a notice in accordance with the requirements specified in
        sub-regulation (4) has been published in both the Gazette and in a
        newspaper circulating in the locality last known to be the owner's
        whereabouts, that property may be sold or-

   (d)  if the property is incapable of being sold;

   (e)  if the expenses of the sale of the property would exceed the sale
        price; or

   (f)  if in the opinion of a person authorized by a chief of staff it would
        not be appropriate to sell the property, destroyed, by a person
        authorized by the chief of staff, after the expiration of the period
        of 3 months after the publication of that notice.



"(3) Where-

   (a)  any personal property of a person who is or has been a member of the
        Defence Force is held in the custody or control of the Commonwealth in
        a Defence Force store or otherwise in a Defence Force establishment;

   (b)  the owner of the property and his current address are known; and

   (c)  a notice has been sent by certified mail to that address informing the
        owner-

        (i)    of the location of the property;

        (ii)   of the name of the person from whom the property can be
               collected;

        (iii)  of the times at which the property can be collected; and

        (iv)   that failure by the owner to collect the property or to supply
               an address to which the property can be forwarded would result
               in the property being sold or-

                (A)  if the property is incapable of being sold;

                (B)  the expenses of the sale of the property would exceed the
                     sale price; or

                (C)  in the opinion of a person authorized by a chief of staff
                     it would not be appropriate to sell the property,
destroyed, after the expiration of 30 days after the sending of that notice,
that property may be sold or-

   (d)  if the property is incapable of being sold;

   (e)  the expenses of the sale of the property would exceed the sale price;
        or

   (f)  in the opinion of a person authorized by a chief of staff it would not
        be appropriate to sell the property, destroyed, by a person authorized
        by a chief of staff, after the expiration of 30 days after the sending
        of that notice.



"(4) A notice that is published in the Gazette or a newspaper for the purposes
of this regulation shall contain the following particulars-

   (a)  the location of the property to which it relates;

   (b)  a description sufficient to identify the property;

   (c)  where a claim for the property can be lodged;

   (d)  from whom the property can be recovered; and

   (e)  a statement to the effect that, should the property remain unclaimed,
        it would be sold or-

        (i)    if the property is incapable of being sold;

        (ii)   if the expenses of the sale of the property would exceed the
               sale price; or

        (iii)  if in the opinion of a person authorized by a chief of staff it
               would not be appropriate to sell the property,
destroyed, after the expiration of 3 months after the publication of that
notice.

Proceeds of sale to be paid into Trust Fund

"42. The proceeds of a sale of unclaimed property under regulation 41, less
the expenses incurred in connection with the sale, shall be paid into the
Trust Fund kept under section 60 of the Audit Act 1901.

Owner may apply for proceeds of sale

"43. (1) A person may, within the period of 6 years after a sale under
regulation 41, apply to the Minister for the proceeds of that sale.



"(2) Where the Minister is satisfied that an applicant under sub-regulation
(1) for the proceeds of a sale was the owner of the property disposed of at
that sale, or is the person who would be entitled to the property had it not
been disposed of at that sale, the Minister may authorize payment from the
Trust Fund to that applicant of an amount equal to the amount paid into the
Trust Fund in respect of the sale of that property.".