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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 364
Documents left on premises
(1) This section applies if— (a) an agreement ends; and
(b) a document is
left at the premises.
(2) The person who was the lessor (the
"former lessor" ) or who is the former lessor’s agent must, within the
required period— (a) if the former lessor or agent knows the former tenant
is the owner of the document—give the document to the former tenant; or
(b)
if the former lessor or agent knows the former tenant is not the owner of the
document and knows who the owner of the document is—give the document to the
owner; or
(c) if neither paragraph (a) nor paragraph (b) applies—give the
document to the public trustee.
Penalty— Maximum penalty—10 penalty
units.
(3) Despite subsection (2) (a) and (b) , if the former lessor or the
former lessor’s agent does not know where the former tenant or owner is, the
former lessor or agent must, within the required period, give the document to
the public trustee. Penalty— Maximum penalty—10 penalty units.
(4)
Money given to the public trustee under subsection (3) must be dealt with
under the Public Trustee Act 1978 as unclaimed moneys.
(5) A personal
document given to the public trustee under subsection (3) — (a) must be
retained by the public trustee for at least 6 months, unless reclaimed by the
owner; and
(b) at the end of the 6 months, may be disposed of by the public
trustee in any way the public trustee considers appropriate.
(6) In this
section—
"document" means a personal document or money.
"required period" means the period ending 7 days after the first of the
following to happen— (a) the agreement ends;
(b) the person finds the
document.
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