Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 51L

51L Disposing of removed thing

(1AA) This section is subject to section 51M .

(1) The chief executive may dispose of a removed thing removed from a road if—

(a) the moving expenses for the removed thing are not paid within 2 months after a notice is given to the removed thing’s owner under section 51J ; or

(b) the chief executive decides under section 51J (3) or (4) not to give a notice to the removed thing’s owner and at least 2 months have passed since the chief executive made the decision.

(2) Unless subsection (3) applies, the chief executive may only dispose of the removed thing by selling it.

(3) If the sale proceeds of the removed thing are not likely to cover the moving expenses and sale expenses for the removed thing, the chief executive may dispose of the removed thing in the way the chief executive considers appropriate.

(4) If the removed thing is sold, the sale proceeds must be applied in making payments in the following order—

(a) the sale expenses for the removed thing;

(b) the moving expenses for the removed thing;

(c) if there is an amount owing to an entity under a security interest registered for the removed thing under the Personal Property Securities Act 2009 (Cwlth) —the amount owing under the security interest;

(d) the balance to the owner of the removed thing or, if the owner can not be found, to the consolidated fund.

(4A) A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (4) (a) or (b) .

(5) If the sale proceeds are less than the moving expenses and sale expenses for the removed thing, the difference is a debt payable to the State by the person who is liable under section 51I for the moving expenses.

(6) The chief executive may waive all or part of the moving expenses and sale expenses.

(7) Compensation is not recoverable against the chief executive or the State for a payment made under this section.

(8) In this section—

"sale expenses" , for a removed thing, means the expenses reasonably incurred by the chief executive in selling the removed thing.

"secured party" has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 .