Victorian Current Acts

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VICTORIA POLICE ACT 2013 - SECT 57

Disposal of unclaimed property

    (1)     This section applies to any property that has come into the possession of a member of Victoria Police personnel in the performance of duties or exercise of powers as such a member.

    (2)     The property may be disposed of as follows—

        (a)     if the property is of a perishable nature, it may be disposed of if it is not claimed after reasonable inquiries as to ownership have been made; or

        (b)     if the property was left by a person imprisoned or detained in a police gaol under Part 3 of the Corrections Act 1986 , it may be disposed of if it is not claimed within 12 months after being left; or

S. 57(2)(c) substituted by No. 39/2019 s. 13(1).

        (c)     if the property is found property, it may be disposed of if it is not claimed within a period determined by the Chief Commissioner of Police that is at least one month after coming into the possession of the member of Victoria Police personnel; or

S. 57(2)(d) inserted by No. 39/2019 s. 13(1).

        (d)     in any other case, the property may be disposed of if it is not claimed within 3 months after coming into the possession of the member of Victoria Police personnel.

    (3)     Disposal of unclaimed property is, at the direction of an authorised person, to be done by—

        (a)     sale by public auction; or

        (b)     destruction; or

        (c)     any other means (including sale not by public auction) that are approved by the Minister either in relation to particular property or generally in relation to particular kinds of property.

    (4)     If disposal is by sale by public auction, notice of the auction must be published in the Government Gazette before it takes place.

    (5)     The net proceeds of any sale under this section are to be paid into the Consolidated Fund.

    (6)     A sale under this section is valid against all persons.

    (7)     The Chief Commissioner may, in writing, authorise a person to direct the disposal of unclaimed property under this section.

    (8)     In this section—

S. 57(8) def. of authorised person amended by No. 39/2019 s. 13(2).

"authorised person" means—

        (a)     a commissioned officer; or

        (b)     a person authorised under subsection (7);

S. 57(8) def. of found property inserted by No. 39/2019 s. 13(3).

"found property" means property that is—

        (a)     lost or abandoned; and

        (b)     found by, or given to, a member of Victoria Police personnel.



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